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  1. #11
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Responsibility to Disclose Read Paint in a Home Sale

    The lawyer's role is not clear from the posts. If this was a private sale and the seller employed a lawyer in order to facilitate the sale process and closing, the lawyer is not an agent within the context of the statute. The agency relationship between the lawyer and client is not the same type of agency that the statute describes when it speaks of "enter[ing] into a contract with an agent for the purpose of selling or leasing a unit of target housing" -- that's a person acting in the capacity of a real estate agent.

    If the seller did not provide a disclosure as required by 42 U.S.C. 4852d, then the buyer has potential recourse against the seller under that statute, and possibly also under state seller disclosure laws. But as it stands, no information has been provided that would allow us to say that the lawyer operated as an agent as contemplated by 42 U.S.C. 4852d so as to share potential liability.

  2. #12
    Join Date
    Sep 2010
    Posts
    18,915

    Default Re: Responsibility to Disclose Read Paint in a Home Sale

    The problem with this poster is he keeps making up new stuff to try to slant things in different ways. In one thread he claims this is a rental and he has a lease. In another he claims it is a contract for a "warrant for deed."
    In this he claims an outright sale. He also can't make up his mind as to whether the attorney is actually the seller or representing the seller.

    I doubt we'll ever get the real story. He needs to pay an attorney to investigate without having to rely on his bizarre explanations.

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