Sentences with phrase «disclosed agent for the seller»

Not exact matches

Agents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning mAgents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning magents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Act.
Purchasers who purchase a property where the seller failed to disclose a known latent defect may be able to seek damages from the seller or their agent for failing to disclose the latent defect, and purchasers should seek prompt legal advice regarding their rights and available remedies.
A Norfolk Circuit Court says plaintiff purchaser of a single - family residence may sue defendant real estate agent for the seller and her own buyer's agent for failure to disclose known material adverse facts pertaining to the physical condition of the...
It could also introduce regulations stipulating sellers disclose the commission earned by them, as the Securities and Exchange Board of India (Sebi) has done for mutual fund agents and distributors.
When seller clients instruct listing agents to disclose terms of competing offers, the agents should consult with their broker and attorney to ensure the disclosure is legal in their state and for guidance on how to carry out their clients» instructions.
When I ask for one for my clients & I'm told that the agent's broker instructs them not to do it I get suspicious that there's something wrong with the house that the sellers don't want to disclose.
The court found there were issues of material fact precluding summary judgment for the seller, but found that the agent had no duty to disclose knowledge of the crime simply because he was present at the time of inquiry.
A clause can add any that the seller and agent deems should be disclosed based on buyer's questions to the seller interaction or those the seller wants to make sure the buyer didn't miss such as — the seller states and the buyer acknowledges that the apartment building abutting the laneway behind the property and two properties to the north is Ontario housing and via email such as: please be advised that further to the warranty for the appliances to be in working condition on closing as per the accepted APS, the dishwasher ceased functioning on XX date.
In this case, the agents for the seller asked in advance for advice as to whether the murder should be disclosed and were advised that only if they were asked about it did they have to tell the truth.
The SPIS is a catch 22, If you don't fill one out your neglagent and now if you do get one filled out your liable, The items on an SPIS are items agents need to discuss and disclose in every real estate deal, so without the form as a guideline we will always have areas that get overlooked or at least areas that we will be accused of not doing enough research, an SPIS on it's own is not enough if the Seller is hidding something, but the oppourtunity to do a home inspection was included and revealed a problem, getting rid of the SPIS will not change the Seller hidding problems and then making their agent the escape goat, as always good agents will need to «protect thy @ss» RECO did nothing to acknowledge the condition for the home inspection should have been enough to allow the Buyers to verify the SPIS, this story has facts not being told otherwise the agent would not have pleaded guilty to these claims.
Agents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning mAgents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning magents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
Things to Disclose about Homes for Sale Quite often home sellers will ask real estate agents, «What do I have to disclose when selling my houseDisclose about Homes for Sale Quite often home sellers will ask real estate agents, «What do I have to disclose when selling my housedisclose when selling my house?»
An agent for a distressed seller also faces the decision of when to disclose the owner's situation and how much to disclose.
A seller's refusal to disclose a significant fix to a property can result in serious liability issues for an agent if the agent knows about it and the fix fails or was inadequate.
What the Code Says (Article 1, Standard of Practice 1 - 15 and SOP 1 - 13 (5)-RRB-: Two conditions must be met before a listing agent has any duty to disclose multiple offers: The seller must grant permission to disclose such information, and the buyer or cooperating agent must ask for the disclosure.
The court found there were issues of material fact precluding summary judgment for the seller, but found that the agent had no duty to disclose knowledge of the crime simply because he was...
An Alaskan court has considered whether a seller and listing agent had any liability for failing to disclose to the buyer that the prior owner's decomposition had caused structural damage to the property, even though the buyer had waived their right to receive disclosures about the property.
In Binette v. Dyer Library Association, the Supreme Court of Maine addressed a buyer's claims against the seller and real estate agent and agency for negligent misrepresentation and violation of the Maine Unfair Trade Practices Act (MUPTA) for failure to disclose the existence of an underground storage tank (UST).
However, the seller and realty agent may have liability to you for failure to disclose known defects.
For example, a brokerage, or in the case of designated agency a designated agent who is representing a buyer in a transaction where the brokerage had previously represented the seller when they purchased the property in question, can not disclose to the current buyer any confidential or personal information about the seller received as a result of providing services to the seller (in the previous relationship).
Why MAR Opposes S. 1761: This bill seeks to require sellers or their agents to perform a Mass Save energy audit prior to listing a home for sale and disclose to any prospective buyer the information in the energy audit at the time of the listing.
Broker as agent for seller is under no duty to disclose to the potential buyer that premises in question have a reputation of being haunted; seller's silence is not actionable.
If you intend for that licensee, or any other Oregon real estate licensee, to represent you as a Seller's Agent, Buyer's Agent, or Disclosed Limited Agent, you should have a specific discussion with the agent about the nature and scope of the agency relationship.
It matters because when a seller or seller's agent has no legal duty to disclose an issue, a buyer can not sue the seller or seller's agent for the later found issue.
the duty of full disclosure is limited so that the brokerage or its designated agent are not required to disclose what the buyer is willing to pay for the property, what the seller is willing to sell the property for, or the motivation of either party; and
One thing that many home buyers and sellers don't know (and for that matter many agents) is that home sellers are under no duty to disclose multiple offers and is legally and ethically permissible to use one offer to generate other higher offers from other buyers.
The Thompsons sued the sellers and the agent for failure to disclose the defects of the property.
But some things that come up during an inspection, for example, might not be the seller's obligation to address or disclose, says Louis Wolfs, an agent in Needham, Mass., in an online forum at Trulia.
Sellers and their agents may not have to disclose such issues, but revealing as much as they can in a disclosure statement is only in their best interest in the long run if they don't want to be sued afterward for not alerting a buyer to something they knew about.
Yet, as an agent for the seller of the strata lot, that same brokerage would have a duty to disclose all known facts that may affect or influence the seller's decision.
Not all states allow dual agency, and even in the ones where it's OK (provided it's disclosed to all parties), many agents don't go there because it puts them in a sticky position of having to work for both the seller and buyer.
For three decades, California real estate agents involved in residential real property transactions, including leasehold transactions with lease terms exceeding one year, have been required to disclose whether they are acting as a buyer / tenant agent exclusively, a seller / landlord agent exclusively, or as a dual agent representing both sides of a transaction.
If the home inspector finds a serious defect in the property, leaking roof, leaking foundation, poorly cooling air conditioning unit, etc., and the seller failed to disclose the defect in the Property Condition Statement, the agent for the buyer will be able to identify the discrepancy.
For example, credits a consumer receives from a real estate agent or other third party, other than a seller or creditor, are disclosed pursuant to § 1026.38 (j)(2)(vi).
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