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Caveat Emptor - BUYER BEWARE!!!!!!!Buyers and Sellers must be aware of all the potential risks of purchasing and selling a home. The following page is to provide consumers with valuable insider information about the housing/real estate industry. This includes and is not limited to Florida Real Estate Agents, builders, building products, Home Inspectors, local housing developments with latent defects and problems, etc. This is a ongoing work so come back often, it will be updated regularly. Each article is numbered. The BB stands for buyer beware!! We cannot lump all real estate agents into one category but in 17 years of inspecting we found a handful of honest agents (they know who they are). Our clients mean much more to us than an agents repeat business. READ YOUR REAL ESTATE CONTRACT BEFORE YOU SIGN IT! IF YOU DO NOT UNDERSTAND IT HIRE A REAL ESTATE ATTORNEY! BB Article # 14 Three real estate documents you should never sign. These three pages are disclosure documents that release the realtor and/or the broker from you suing them should there be any problems pertaining to these three subjects; Home Inspection, Chinese Drywall and Mold. If they insist on you signing them, find yourself another realtor. Often a home is inspected by one or more inspectors before you enter into a contract with the seller. The information on those inspection reports are suppose to be disclosed by the seller and/or realtor (realtor should have the disclosure statement and past inspection reports) See sellers disclosure statement. You should receive the sellers disclosure statement immediately after the seller has signed the contract or you could request it before you submit the offer or submit the offer pending the receipt of the disclosure statement and "a favorable inspection report". Disclosure statements are typically filled out and signed when the sellers agent lists the house. The seller must disclose information that materially affects the value of the property. Many times these issues surface from a inspection. The buyer decides not to buy and moves on to another building. Along comes the next buyer and no one discloses the previous inspection report. Many agents prescribe to the "don't ask don't tell" policy, a recipe for a lawsuit. If you like this, read numbers 12 & 10 below. BB Article # 13 SEC InspectionsThis file is a flyer from SEC Inspections to real estate agents via email. We just happen to get a copy. IT ACTUALLY STATES: "Our inspectors convey their inspection findings in a way that Doesn't Kill Your Deal". We at SI.com have become very frustrated by unethical inspectors and realtors in our profession. Not all inspectors or realtors are created equal. Read the information they provided publicly to realtors and judge for your self. BB Article # 12 Every buyer must read this shortened version of the 1985 Florida Supreme Court ruling. In the landmark case of Johnson v. Davis, 480 So.2d 625, 627 (Fla.1985), the Supreme Court of Florida stated the doctrine of Caveat Emptor (buyer beware) does not exempt a seller from responsibility for the statements and representations which he makes to induce the buyer to act. The Court extended this principle to not only affirmative representations by a seller amounting to fraud, but nondisclosures that materially affect the price or use of the land. Johnson v Davis Legal Short Form This second article is a copy of a page from the 8th Edition of Florida Continuing Education for Florida Real Estate Professionals by Edward J. O'Donnell. It gives a more simple explanation. Johnson v Davis from the Realtors CE Book BB Article #11 A great article on Real Estate Fraud and how to spot it. Who's Behind That Smiley Face?
BB Article #10 So you think an "As Is" contract holds water? Think again and read this and # 12 above.
CALL US NOW (727) 734-8822 OR ORDER ONLINE
BB Article #9 This is an actual lawsuit won by a buyer over a Housemaster Inspection firm that was recommended by the real estate agent.
BB Article #8 Air Cleaner Cases Speak to Truth in Advertising
Sharper Image and Brookstone imply results that do not deliver. If you own one of these products you can get a refund. BB Article #7 Read about what Donald Trump has to say about home inspections and buying real Estate. From his book Trump: Think Like A Billionaire. Donald Trump: Think Like A Billionaire - How to Get an Appraisal and a building inspection pdf BB Article #6 This article is about a buyers bad experience with the agent and the agent referred inspector. Real Estate Firm, Home Inspector Give Buyer Example of Bad Ethics.pdf BB Article #5 Another article on real estate agents and code of ethics violations. Ignorance is no excuse
Yikes!_That's_a_Violation.pdf
BB Article #4 This is an important article about what to do if a buyer
wants to get out of a contract:
BB Article #3 This is an important article about home builders
responsibilities:
Trouble Brewing for New
Homebuyers
BB Article #2 This is an important article about real estate
representation - Find out which your Agent is:
www.planetrealtor.com/florida/flrealtormagazine/
We apologize for the inconvenience. Since we posted this article the
magazine has scrubbed the article from the internet. If you find it
elsewhere please send us a copy. BB Article #1
This article is about Real Estate Agents Protecting Themselves Against
You - Their client - The Buyer or Seller!!!!!
This article was found in the September Issue of Florida
Realtor Magazine 2004. The front page in two inch letters states:
"DON'T GET SUED - Real estate professionals are getting sued today more
than ever. Here are some tips for protecting yourself". It makes for very good
reading but is especially good if you are interviewing realtors. Just a note,
since when did real estate agents become real estate professionals? That's an
oxymoron isn't it? Just click on:
Don't Get Sued. PDF SUNCOASTINSPECTIONS.COM INC. (727)-734-8822 call now or
order online |
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