I've been to so many networking events
where I hear
agents complaining about how their client has been looking
in such and such a building or
neighborhood, but nothing ever comes on the market or stays on the market for more than a few days.
185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered
in civil court between buyer and seller is not controlling
in administrative proceeding against licensee
where DOS and licensee were not parties
in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's
agent is derivative; seller's
agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's
agent to buyer's
agent of the condition of the property as known by seller's
agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes
in the
neighborhood where the property is located encountered frequent flooding; complaint dismissed