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 m
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 m
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 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 m
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 m
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 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 house
Disclose about Homes
for Sale Quite often home
sellers will ask real estate
agents, «What do I have to
disclose when selling my house
disclose 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).