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Buyers need representation

By
Real Estate Agent with RCP Realty Group, LLC

What does "caveat emptor" mean?

Simply put - caveat emptor means "let the buyer beware."  Alabama utilizes this principle in relation to residential home sales.  What this means for YOU as a BUYER is that the seller does not have to disclose defects pertaining to the home as long as these faults do not affect health or safety.  If, after the purchase has been completed and a defect is found, neither the seller nor the seller's agent can be held responsible unless:

  • It was a material defect which affected health and/or safety, and
  • The seller and/or seller's agent KNEW of the defect before the sale, and
  • The defect could not have been discovered by due diligence, and
  • The house was NOT sold "as is."

How Can You Protect Yourself?

One of the BEST ways to protect yourself is to have your OWN agent - called a buyer's agent - to represent YOU.  The seller traditionally pays the buyer representation fee, which means that you can have the advice of an expert who works for your best interests and your best interest only without a fee coming out of your pocket.

Leigh Bates
Atlantic & Pacific Real Estate - Flower Mound, TX
The Trinity Group
Welcome to Active Rain! I hope you find this as useful as I have!
May 30, 2007 02:48 PM
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate
Nice to see another KW agent in the Rain, Doug! Good post on the importance of a buyer's agent. In Nevada, our sellers fill out a Seller's Real Property Disclosure. If they fail to disclose a known defect, they can be liable for up to triple damages plus attorney's fees.
May 30, 2007 04:12 PM