Well, here I go...sticking my neck out again and telling it like it is. No names will be used...yet.
Once upon a time, long ago, I met an "experienced" Real Estate Agent. Of course, naive as I was at the time, I just considered him a bit "crusty". I also took the word of other agents who knew him better and said he was "alright...a good guy". Ever notice how some people think it's necessary to always say something good about a person? Trust your intuition. If you have to ask about someone's integrity, there's a reason. So, "Green Agent" (me) is told not to worry about "Crusty Agent". And, Green Agent falls for it.
Then my clients bought property he had listed.
A little background...the property was in this agent's "neighborhood", in fact, he owns property next door. He spoke of driving a 4 wheeler on every bit of it, since at one time his relatives owned it.
The property closed in winter. The sellers promptly moved out of state. It's hilly, on a ridge and would be difficult for my client, who is disabled, to walk the boundaries. The ground was frozen, the people who lived there were crabby and didn't want anyone in the fields with their horses. So, there you go. I'm sure more experienced agents might think they know what's coming.
I bet you don't... ;-)
In February of that year we had a bit of a late winter thaw. On the way back from the barn, my client smelled sewage. Following the smell, he found a pipe coming out the back of his yard, draining raw sewage into the ravine behind their house. Of course, they called me. (It all comes back to the agent, right?) After going through several "possibilities", the health department was notified and it was discovered that this place did not have a septic tank. Apparently it never did. It was advertised with one! And, after looking up the history, we found that it had been advertised with a septic system three times, by the same agent...who was a dual agent twice on this place. He's made 5 commissions on this property.
Since the odor was overwhelming when the ground was not frozen, I can only assume that the man has no sense of smell, nor could he see bits of toilet paper scattered over the hill while he rode his 4 wheeler over "every inch of it". I also must assume that neither of his previous clients complained to him about it.
So, my clients had to have a septic system installed. $7500.00 And, they thought someone else should pay for it. I wholeheartedly agreed.
I felt and still feel terribly responsible for allowing my clients to be duped like this. I owned up to missing the fact that the people had lied on the disclosure statement, checking off contradictory boxes on the form about "the imaginary septic system". And, I owned up to the fact that I did not suggest a Health Department inspection of the septic system. The sellers and their agent said there were "no problems with the septic system" when asked by my clients, with me present. It simply never occurred to me that anyone would not have a septic system.
So, I notified my E & O insurance in writing and gave all my details. Bottom line, I did this within days of the Health Department assessment. Now, the thing for the selling agent to do then would have been to own up to his "mistake" and see that my clients got a new septic system. But, no...this didn't happen.
Complaints were filed with the Commission, and lawyers were hired. My E & O paid a small part of the cost of the new septic system and the other agent's E & O paid a little larger part. My clients are still out a few thousand for the septic system. (more for a lawyer) To be clear, in the beginning, all they wanted was a septic system, paid for by those who screwed up this deal and those who lied about the property.
So, now I'm done. Doing the right thing and owning up to my mistakes has shown my clients that I really am on their side. They still like me. And, the other folks...well lets just say that their pile of crap has just begun to stink. And, all because they tried to cover their butts, instead of trying to make things right.
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