deceptive trade practices: Gullible's Travels: Declined Claims - 05/06/15 11:34 AM
Sometimes a roof can naturally reach its end of  life. Texas heat can also work to prematurely age a roof when a home's attic area lacks sufficient ventilation. Intensely high temperatures can literally "cook" a roof from the inside out, and will often show up in the form of a "blister" or granulated shingles, which is often mistaken by many homeowners (and even some home inspectors) as hail damage.
Last week, we received the following letter as part of a Seller's Disclosure package. The letter noted that the homeowner filed a claim for roof replacement in October of 2014, which was subsequently declined. … (28 comments)

deceptive trade practices: The Case of the Missing Water Tower - 06/22/14 11:45 AM
You won’t need a magnifying glass to solve this mystery.
These photos are from one of my showing appointments in Denton County, Texas (Lewisville). It has become the topic of discussion around the office water cooler in terms of ethical marketing practices.
 
Notice anything different?
There has been some debate dating back to the late 90′s regarding how altered or enhanced images on real estate listings can be considered forms of deceptive advertising. The exact definition of ‘how much photoshopping’ is too much is still a gray area. The NAR requires agents to provide a ‘true’ picture. Although some touch-ups are allowed … (7 comments)

deceptive trade practices: Texas Seller's Disclosure and Home Inspections - 06/18/14 04:52 AM
I was shocked when I read a colleague's facebook post last week lamenting that his seller client had requested a copy of the buyer's home inspection. He was frustrated, and complained that the seller would then be responsible for the burden of disclosure for any issues noted on the inspection report. 
Years ago, the school of thought was that a Texas listing agent or seller could simply refuse to read or receive a copy of an inspection report, and thereby be exonerated from disclosure liability. If the working contract terminated, discovery would then be the duty of the next buyer, who … (1 comments)

deceptive trade practices: A Wolf in Buyer's Clothing - 05/26/14 01:16 PM
In December of 2013, we shared a sample solicitation letter from a Rockwall investor, "offering to buy" one of our seller's homes. 
This 'offer' was for the sellers to move out of their home while keeping  their existing mortgage in place. This is called a 'wrap' -- where the 'sale' is subject to' the existing financing. Investors who are either unable or don't care to qualify for traditional financing -- or who lack ample cash funds to purchase a home outright -- find this method attractive. It allows them to purchase with little to no money down (as seen on TV). 
Wholesalers will also … (4 comments)