Markers for public services, such
as schools, post offices, fire halls, police stations and beach accesses can also be overlaid on the map, making it easier for
buyers to evaluate the
desirability of a
home's location prior to visiting the
home in person.
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
This Advisory is designed to assist
home buyers in meeting their obligation to satisfy themselves
as to the condition and
desirability of property they are interested in purchasing.