agent duty: You have to do more than just disclose - How to get sued - 09/25/08 02:11 AM
In some of my recent blogs,  I discussed the idea of disclosures.  Forgive me for not being clear.  I have been surpised that so many agents commented that in their state the seller has to disclose.  This was not my point.  So, let me try again.
There is a major difference between disclosure and the BUYER's AGENT'S duty to:
Point out issues which could negatively affect the buyer Discuss ramfications of the issue in case the buyer ignores it Here's an example.  You are the buyer's agent and show a house that has been extensively remodeled.  The seller discloses that they … (11 comments)

agent duty: Why doing inspections upfront is not enough. - 06/05/08 08:57 AM
The purpose of a listing agent is to get the most money for their client at closing.  Not the highest sales price but the highest net price.
Too often,  listing agents have the seller order inspections upfront without doing the repairs.  I contend that in most cases,  this is costing the seller money.  Here are some reasons:
Remember,  the seller is strongest during negotiations,  when the buyer is in love with the property.  If problems show up during the transaction,  the power shifts to the buyer. If a seller waits until the contract,  they are obligated to replace what is there,  … (5 comments)

 
Guy Berry, Real Estate Broker and Legal Expert (Real Estate Expert Witness Support)

Guy Berry

Real Estate Broker and Legal Expert

San Jose, CA

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Guy Berry is a frequent expert witness in real estate litigation and an accomplished trainer in real estate law and contracts. In addition he has been licensed for 30 years as an agent and managed large offices, including Coldwell Banker and Century 21.


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