I got the phone call, the one we love to get ... a builder had three homes that he wanted to list and he wanted to visit with me. He had tried selling the properties himself and because of my visibility in the area wanted to talk with me.
All homes were located on the same street and we agreed to meet at the properties so I could walk through and then discuss. The first home was lovely, beautiful quality. The second home was nestled on a beautiful creek lot with mature trees. As I walked the home I noticed a slight upheaval in the kitchen area floor. The home was stunning but I had expressed concerns about the area and inquired as to what the builder had noted. He told me that after the home was built and had sat for a couple of months that the foundation developed a problem in that area. He said he had some foundation work done and piers were added, something that probably should have been initially done on this lot. I asked him if he had the paperwork regarding the correction as it would be needed to go with a seller's disclosure. He said that his homes were new construction and he did not have to do a seller's disclosure. (The state of Texas exempts new construction from disclosures). I responded that I was aware of the law of disclosure but I felt that since there had been a problem that required correction this would need to be disclosed. The builder called it an initial building construction issue that was addressed and a disclosure would not be required nor would he fill out one.
Thank you very much for the opportunity, but no thanks! I explained that I differed from his view and I felt the home had been fully constructed and sat finished then developed a major issue (cost of $20,000 to correct). I wanted no part of this deceptive representation and left.
He later listed with a Realtor, I never showed his homes because who knows what else was "covered" up. The homes are now sold. I believe I not only saved myself marketing dollars but possible legal issues. Do you think different and what would you have done?