This is an investment that can pay for itself many times over, especially
if hidden defects are found.
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 market.
If all testing is normal in a dog with partial seizures, many neurologists consider these to be «Cyptogenic» (meaning
hidden) seizures that actually have an underlying structural abnormality (i.e. SES), that is undetectable using current methods.5 It is controversial whether partial seizures might be caused by a genetic
defect.
The legal significance is that a possessor of land has the duty to an invitee to inspect the premises for
hidden defects and to repair or erect safeguards,
if necessary, to make the premises reasonably safe.
(2) Goods are of acceptable quality
if they are as: (a) fit for all the purposes for which goods of that kind are commonly supplied; and (b) acceptable in appearance and finish; and (c) free from
defects; and (d) safe; and (e) durable; as a reasonable consumer fully acquainted with the state and condition of the goods (including any
hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3).
If the seller discloses it in the SPIS, and the buyer still goes ahead with the transaction, the seller is protected from a claim that they
hid the
defect (at least in theory).
If the property had
hidden defects, such as rusted or sharp equipment, the property owner must either warn guests or repair the
defect.
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 market.
In addition, buyers and buyer salespeople should always ask sellers and the sellers» salesperson point blank
if there are any
hidden defects in the property that they should know about, and make a note about anything that is said to you.
For example,
if a buyer purchases a condo on Miami Beach, only to discover after he or she moves in that the condo's central air conditioning does not adequately cool down the property, then he or she has a warranty claim against the seller because a latent
defect (a
hidden defect) caused a failure of the ac unit to meet ordinary, normal standards reasonably to be expected of a condo of comparable kind and quality.
A private seller can
hide all sorts of
defects that agent must disclose and
if not there is mandatory insurance the agent is required to have that the buyer can rely on.