inspectors: Why agents continue to get sued - 09/09/08 04:44 PM
 
 
 
If you have read my blog or resume on my home page,  you know that I am frequently hired by attorneys when agents are being sued.  Sometimes,  I am there to defend them,  and too often,  I am there to help sue them.  I do not hold agents to a standard of perfection.  Anyone can monday morning quaterback and look back on what could have been done in retrospect.  No,  I simply try to determine what a competent agent would have done in the situation. 
Most agents don't get sued for what they did but what they didn't … (6 comments)

inspectors: Should Agents advice 2nd Opinion Inspections - 07/24/08 12:27 PM
When sellers do inspections upfront,  what is the buyer's agent's duty.  Remember,  we are like any professional ...including doctors, tax people, car mechanics, etc, etc.  Our job is to analyze,  issue spot, discuss ramificaitons,  then advise.  We do not make decisions but rather let the client decide,  once they have all the facts.
So,  back to the point.  The seller has made disclosures and done some upfront inspections.  What are we supposed to tell the buyer.  I think we explain to them that inspectors make mistakes.  Maybe this one didn't but it happens.  If they want to be safe,  reinspect.  It … (1 comments)

inspectors: What Home Inspectors don't Inspect - 05/09/08 08:03 AM
On one of my prior blogs,  I mentioned that Home Inspectors really don't inspect everything.  So,  here is a list of some of the things that I identified.  Be sure to check with whatever inspector you are using,  look at their contract and find out what they are and are not inspecting.  Some even put in their reports that if they see certain things,  they will not note them ....e.g. mold, building code violations, etc. 
 
Important issues which many Home Inspections don't investigate.....
 
(Note: Ask your inspectors to provide a list of what is  NOT  included in their inspections)
(6 comments)

inspectors: Buyers should attend all inspections - 05/09/08 07:53 AM
In one of my recent blogs,  I talked about inspections.  One comment asked me if agents should attend the inspection.  The answer is yes.  First,  when the report comes out,  you can understand what the inspector is saying.  Also, it is quite common for Inspectors to say one thing at the house and another on their report.  One reason for this is they frequently have pre-written clauses in their computer programs.  But,  I also think that the clients should be there.  Instead of the buyer and seller relying on their agent's interpreting what the inspector did and didn't say,  it is … (4 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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Real Estate Expert Witness Support

Address: 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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