fiduciary duties: Successor Trustee Hires Kathleen Daniels to Sell a San Jose Home - 10/03/21 03:04 PM
After 64 years, the successor trustee for the original owners SOLD their single-story family home.  Certified Probate Real Estate Specialist, Kathleen Daniels, had explicit instructions, among them, no open house. 
The title to the home was held in the family trust. With the death of the trustee, their mother, the successor trustee knew she needed help from a real estate agent with experience, not only working with a successor trustee selling homes but experience working with people who had lived in the home their entire life.  
Kathleen Daniels is a Certified Probate Real Estate Specialist and certified in Professional Fiduciary Management for Trustees. … (16 comments)

fiduciary duties: What is the Impact on Seller When The Listing Agent Fails to Disclose? - 04/10/14 04:30 AM
What is the Impact on Seller When The Listing Agent Fails to Disclose?
Listing agents have a duty to disclose, in writing, all deficiencies known about the property they list for sale. An agent's failure to disclose may end up costing the seller.
There seems to be a lot of this (non-disclosure) going on in my Silicon Valley real estate market.  Last month a listing agent failed to disclose $3,700.00 in foundation repairs.  That agent ended up paying my buyer clients for the repairs. A costly mistake, indeed.
I recently wrote an offer on a condominium located in Sunnyvale, California. We we instructed … (17 comments)

fiduciary duties: Does Delegating Duties To Third Parties Eliminate Fiduciary Duties? - 04/06/14 10:04 AM
Does Delegating Duties To Third Parties Eliminate Fiduciary Duties? 
The short and simple answer is NO. Delegating duties to third parties does not eliminate a real estate agents fiduciary duties to their respective clients. 
This post is inspired by the number of incomplete seller disclosure packages I receive.
 
It never ceases to amaze me what I find, and don't find, in the sellers/listing agents disclosure packages. Many agents who have been in the business far longer than me, and in theory should know better, provide documents they don't need and/or fail to provide documents that are required by law.
This means that the … (39 comments)

fiduciary duties: I Didn't Even Ask - The Listing Agent Told Me About Offers and Prices - 11/04/13 10:56 AM
I Didn't Even Ask - The Listing Agent Told Me About Offers and Prices
Why on earth would a listing agent disclose the number of offers and the offer prices to a buyers agent?  I certainly do not feel that represents the seller very well. It is not something I would ever do as a listing agent. 
It is not uncommon for a buyer's agent to call a listing agent and ask about offer status.  Buyer agents want to know how many offers the listing agents have. Many will fish for information regarding the offers. For example: Are the offers in … (14 comments)

 
Kathleen Daniels, Probate & Trust Specialist, Probate Real Estate Services (KD Realty - 408.972.1822)

Kathleen Daniels, Probate & Trust Specialist

Probate Real Estate Services

San Jose, CA

More about me…

KD Realty - 408.972.1822

Address: KD Realty, P.O. Box 23665 , San Jose, CA, 95153

Mobile: (408) 499-8751

Office: (408) 972-1822

DRE# 01366594 San Jose Homes for Sale - Silicon Valley Real Estate and homes for sale. We specialize in Probate, Trust and Conservatorship sales.



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