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I See Another Addendum Coming

By
Real Estate Agent with Taylor Properties 500436

I'm psychic -- my husband might say I'm psycho, but that's a whole different post.

I'm like, um, Carnac the Magnificent (am I dating myself, or what?) because I see yet another Addendum being added to our already overwhelming Residential Contract of Sale.

close-up contractLet's see, we already have upwards of 30 plus pages (contract and assorted addendae) that we need to explain in detail to our deer-in-the-headlights-looking clients and now it'll be 30 plus plus.

 

Did you hear about the buyer that is suing the seller of an Arizona home the buyer bought nearly three years residential contract of saleago because the buyer felt the seller should have disclosed to him that the property was located next to a psycho?  No, not a psychic -- like me (because that might be kinda nice, if you really think about it) but a psycho.  Allegedly, the crazy neighbor likes to steal things from her fellow neighbors' yards and smash them in the street.  She also is (allegedly) fond of standing in front of her own home and screaming obscenities at the top of her lungs.  Additionally, she pelted the seller with potatoes (huh?) just 5 days before settlement!  Somehow you knew it was a woman, huh? (Yep, you got it -- another post).  Anyways, the nasty neighbor is making life unbearable for the buyer and the rest of the neighborhood and the buyer feels like he was taken advantage of.

It gets even better.

The buyer is a real estate agent. The buyer is suing the seller.  The seller says he was confused at the time and specifically asked his agent if he should disclose the situation w/the neighbor.  The seller says his agent told him not to disclose. The seller is suing the listing agent.

So...Carnac the Magnificent sees...hmmm (looking into crystal ball)...an additional numbered paragraph in the 11-page Contract followed by a detailed addendum that reduntantly spells out...(yes, that's it!) the required disclosure.  The title of that addendum is coming through now; I think the addendum will be titled Notice to Buyer -- You May be Purchasing Next to a Psycho.

Bye for now; I'm off to disclose (disclose, disclose) to my clients that I am indeed a psychic.

Posted by

_______________________________________________________________________________________

All the best,

Lanette in Bel Air

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Lanette Branch
Taylor Properties - Bel Air, MD
Bel Air, MD Real Estate Agent

Hi Audrey,

Stop it! You're killing me! That's hilarious; your creativity is mind-boggling.  You gotta market it!

BTW, lots of positive feedback on that staging project...thanks again.

Apr 03, 2008 09:08 AM
Kathy Carson
Lynchburg eXp - Lynchburg, VA
Realtor, Lynchburg, VA, VA Homes - Lynchunberg,Bedford, Campbell

Tony - that's funny but we may come to that! 

What a situation and yes we probably will have to have some type of form down the road if the Lawyers think it's doable!

Kathy

Apr 03, 2008 09:40 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

Sounds like a candidate for the Rotten Neighbor website. 

Apr 03, 2008 10:07 AM
Anonymous
Mary Parrish

Ok so we have a guy in our neighborhood who likes to mow the lawn in just a pair of short shorts, and it's not pretty.  Coming around the corner to "Yikes now I've got to boil my eyes" should no doubt be disclosed to the poor unsuspecting Buyer.  Especially if they have children.  It could stunt their growth or something.  And this is Florida where the pages of disclosures way out number the pages of the contract.  Should be a pretty interesting lawsuit which, after many lawyers have been paid, will likely establish another precedent on what we can and CAN'T disclose.  Thanks for the laugh -- great way to end the day!

Apr 03, 2008 10:18 AM
#44
Michael Eisenberg
eXp Realty - Bellingham, WA
Bellingham Real Estate Guy
Psychic psycho, that's it... we have an a right to farm addendum in Skagit County, a mostly rural county so it's really a your neighbors may smell bad addendum
Apr 03, 2008 12:10 PM
Barbara S. Duncan
RE/MAX Advantage - Searcy, AR
GRI, e-PRO, Executive Broker, Searcy AR
In Arkansas our disclosure form already asks if there are any neighborhood problems that might affect the home.  Those people would have needed to mention the crazy neighbor.  Good and interesting blog.
Apr 03, 2008 01:46 PM
Mina V. Garrey
Commercial Capital Properties - License #01768282 - West Los Angeles, CA
Commercial Capital Properties, Los Angeles, CA
Hi Lanette, that was a very funny story. Sad, but funny non the less. I guess, the listing agent, should have followed one of the golden rules of real estate: "If in doubt, disclose!"
Apr 03, 2008 02:05 PM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

My buyers often ask questions of the neighbors during the inspection period....

Apr 03, 2008 02:20 PM
Vanessa Stalets
RE/MAX Elite - Brentwood, TN
REALTOR, Brentwood TN Homes, Real Estate

Followed by  page # 4,929  Possible alien abduction area Disclosure . Sheesh!

Apr 03, 2008 02:54 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI
I always encourage my buyers to talk to the neighbors. It's on my checklist. Now we have to evaluate the mental condition of neighbors. I'm not qualified.
Apr 03, 2008 04:16 PM
Susan Walters
Keller Williams Realty, Ann Arbor, MI - Ann Arbor, MI
When I saw your title I got concerned and thought you were talking about one of my current deals but luckily there are no potatoes being thrown and we are in different states....  At the moment, there is just a coma involved (just a coma) - I am not kidding!
Apr 03, 2008 04:24 PM
Megan McGonigal
Integrity Real Estate - Northeast, MD
CRP - Cecil County, MD & Harford County, MD Real Estate
Hi Lanette, I am in Cecil County so I know how insanely long are contracts are. I would imagine they will stick it in the part that says it is not our responsibility to track down all of the sex offenders and that the buyer must research that info if it is of a concern. Although how would you determine where the psychos are located?
Apr 03, 2008 04:26 PM
Christy Powers
Keller Williams Coastal Area Partners - Pooler, GA
Pooler, Savannah Real Estate Agent
Read about this and posted about it too. It's crazy.....She needs helped....I don't think she's a psycho though.
Apr 04, 2008 09:52 AM
Eugene Jones
Weichert Realtors - Somerville, NJ
I know, I'm late. But you're right....I see an addendum too!
Apr 11, 2008 02:01 PM
Elizabeth Cooper-Golden
Huntsville Alabama Real Estate, (@ Homes Realty Group) - Huntsville, AL
Huntsville AL MLS
Lanette, I remember reading that post! I had no idea the buyer was a Realtor. Wow, don't you know they are furious! Move to Alabama girl, we have a ONE page contract, lol....buyer beware state, no disclosures. Sad, but true!
Apr 11, 2008 02:12 PM
Pam Pugmire
Silvercreek Realty Group - Meridian, ID
Meridian Idaho Real Estate
I just thought of something Lanette-One person's psycho may be another person's best friend! 
Apr 15, 2008 07:01 PM
Anonymous
FL Here

It was a year after my closing before finding out the neighbor tried to run over the guys doing the survey for my closing (I have police report...assault with deadly weapon (CAR), the surveyors didn't press charges, so the nut didn't go to jail) - hello, I would have walked away from the purchase in a heartbeat if I had been told. Didn't take long to find out what a kook she is, surrounded on all sides by the same family who think they own the neighborhood - so, just dealt with them and all has been well UNTIL Nov when I was sitting outside at 6am having my morn coffee before work - out she comes aiming flashlight in my eyes telling me to get out there and clean up the mess I made (???), have no clue, except did have sod put down and they were out harrassing the sodguys.  Her house is a garbage pit, lawn grows 2 ft before mowing, no driveway, just overgrown grass thru shell put down years ago. She put out 2 toilets a couple years ago when someone was trying to sell the vacant property next to her, as well as strung up a line of clothes (long johns, briefs, etc) and left them there for over a year.  I have tried to ignore all this - have put 10's of 1,000s $ in my home and landscaping AND I will never be able to sell....because of this nut - SO, I do not at all see where the lawsuit in AZ is particularly entertaining.  This issue has taking a toll on me, being a single woman.  A prior owner of my home (2 owners ago) was in my driveway talking to me a few years ago AND the nut's mother ran out and screamed "get off my property!"

Any suggestions other than what is deemed to be a silly lawsuit against the real estate company who should have told me the neighbor tried to run over the surveyors just days before I closed?

Jul 19, 2008 02:31 AM
#57
David Slavin
Keller Williams Premier - Katy, TX
CDPE, ABR, SRES Keller Williams Premier

All of the addendums and added papers over the years is to do one thing and one thing only... CYA!!!

Jul 19, 2008 02:33 AM
Kathy Anderson
Arizona Luxury & Lifestyle Living - Cave Creek, AZ
Arizona Homes For Sale

I must be psychic too.  I see more finance addendums in our future.

Jul 19, 2008 02:38 AM
Chad Baird
Re/Max Spirit - Dayton, OH

How is she Psycho?  On a hot summer night, sitting on the porch, drinking a beer or two, I would call that entertainment.  Pelt me with potatoes, I would likely take them in, cut them up and make a batch of french fries? 

Last summer I got chased by a bee.  I was running around yelling, likely cussing, to get away.  To one that does not know me, I likely looked like a psycho.  So sue me????  

I'd say the buyer needs to investigate the area they want to live in.  Potentialy we all have the moments where we are "psycho". 

Jul 19, 2008 05:46 AM