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Buyer Agents - Make certain you "go the distance" for your Client!
The Fifth District Court of Appeals of Ohio sitting in Delaware CountyRecently decided a case dealing with an alleged acreage shortage andAddressed the duties of the seller and the real estate agents involved inThat transaction. (See Schmiedebusch v. Rako Realty, Inc., 2005-Ohio-4884.)The case is insightful, as it illustrates the relatively minimal duties owedBy a seller and seller's agent to a buyer, yet the extremely high dutiesOwed by a buyer's agent to a buyer.Schmiedebusch dealt with a situation in which the buyer purchased a vacantLot in Delaware County on which he planned to build a home. After the buyerFound the lot through an Internet search, he had his real estate agentContact the seller's agent. The seller's agent then faxed the plat and gradePlan for the property and surrounding area to the buyer's agent. The buyerClaimed that he followed his agent and the seller as they "walked off" theBoundaries of the property during a physical inspection of the lot. At theClosing, the buyer received a deed and signed a mortgage--both of whichContained an accurate legal description for the property.After the closing, the buyer claimed that he did not receive as much land asHe thought he had purchased. The land he claimed he thought ... more

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