The Importance of Accurate Listings
I went out to show three houses last night in the dark to some repeat investor clients. They were all fixer uppers and we had good flashlights, we got into the first two but the third property the keys didn't work in the door so we weren't able to get inside. All three properties have the same description, are listed for the same price and the agent told me they were all about 40% done and framed out.
This afternoon I went back with my client's contractor. The first one was about 35% done - framed with electric run, the second about 45% done with framing, electric, hvac and some plumbing, the third had no floors, no roof and no windows, actually it did but all floors and roof were in the basement. The reason the keys didn't work is the owner didn't want anyone falling into a pit. The agent had no clue, it was obvious from our second and third interchange that she had never even laid eyes on these properties before listing them.
Is this misrepresentation or omission? Obviously, she either misunderstood her client, or the client didn't give her all the information or something. But, this could be actionable, I think.
Best case practice: before listing a home, walk the property, take accurate pictures and if necessary measurements and compose an accurate description. If you choose not to follow best practice in worst case scenario it could get you fined and possibly lose your license, best case scenario it just makes you look bad to other agents and their clients.
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