well. this is all very interesting.
the LISTING AGENT/BROKER put their NAME (POST A SIGN) on all property they sell. it is THEIR LISTING correct (not the sellers).
that has to mean something with regards to accuracy of the listing. after all, their the experts in selling real estate. that's how they get licensed to
sell right? they become supposed EXPERTS (although they have varying degrees of expertise)? they are going to have knowledge that a typical seller of a the property won't have. just like in this case, the person I purchased the townhome from had been using the external garage for years and had every reason to believe they owned it (they to, like me may not know what a platt map and parcel ID is). sure, they could easily check the county platt map to ensure they know they own the external garage.
did they? NO. why? probably because they have no idea what a platt map or parcel ID is. but the LISTING AGENT/BROKER NEW. that is where the listing agent says (if they are to lazy to do it themselves) spend 2 minutes and explain to the seller what a platt map is, where to find it, and how to see if the external garage has a separate parcel ID. to me (as a lay person) that seems like a monumental oversight. isn't that the VERY FIRST THING the listing agent should have did when screening the property to be listing? MAKE SURE THE OWNER DOES OWN BOTH THE TOWNHOME AND THE EXTERNAL GARAGE. they are SEPARATE STRUCTURES. the external garage is across the street.
I am well aware this case (when it goes to court) can go either way. whatever happens, happens. the only way I would not bring the case is if most lawyers I talked
to said "you have NO CASE".
one thing a realtor (and real estate lawyer) did point out was that the listing agent made the external garage a MAJOR SELLING POINT of the townhome. she listed in the REMARKS "comes with 2 garages". and in AGENT REMARKS she listed "includes external garage #10. and the MLS listing did include a photo of the external garage.
he said, that can work against her in court in a bad way. he also said the listing agent forgot to put the typical DISCLAIMER under REMARKS that listing agent always put. "buyer to verify all information in this listing for accuracy." but, even this realtor said I could win or lose (no slam dunk).
The seller is not insulated from an inaccurate listing. They have a duty to know that the agent is representing the property accurately.An agent, in legal terminology, is a person who has been legally empowered to act on behalf of another person or an entity. An agent may be employed to represent a client in negotiations and other dealings with third parties. The agent may be given decision-making authority.
well, I just realized by agent never provided me with a copy of my buyer/broker agreement that I signed. he also never provided me with a copy of the "buyer checklist" form I signed about 10 days before I put an offer in on this townhome (which is important because that tells me the most important things to look for when purchasing a home). like most states, it is in the administrative code that you MUST PROVIDE you client with copies of these documents. but it does not mention the punishment if you don't.......other than you can have your license suspended.
again, the difficult thing for me is knowing when that threshold of negligence has been reached by my agent/broker.
"The seller is not insulated from an inaccurate listing. They have a duty to know that the agent is representing the property accurately."
I will run this buy the lawyer monday. because there has to be a point where the liability shifts from the seller to the listing agent.
the seller did not KNOW the agent was representing the property properly, but they certainly BELIEVED the agent was representing
the property properly based on the knowledge they had as the owner of the property. and I think any seller in this situation would
would of thought the exact same thing (common sense would tell you that).
I definetly think the burden of proof is on the listing agent in this instance (vs. the seller). it's a mistake of EPIC PROPORTIONS for the listing agent
not to make sure the owner owned the external garage before listing the property. can you ask? well, the seller should have known
whether the external garage had a separate parcel." possibly. the thing is, it's a TECHNICAL ASPECT of listing a home. that's why
I say the burden to review the platt map is certainly the listing agents responsibility. technical aspects that a seller may not be aware of should
be looked into by the listing agent.
when you start giving a pass to a listing agent for things like this, then what do the listing agents actually get paid for? do they just find someone that
wants to sell, then have them fill out the listing agreement, get some pictures taken and WALA........that's it. just like it, wait for a buyer
to come along and you've earned you 7K or 10K in commission. if that's all they have to do, why even require them to have a license or
do continuing education?
oh, and my agent never provided me with the signed listing agreement I signed with him to sell my house (I had him sell my house on the mls right before I purchased the townhome).
I am just wondering if the judge will accept these forms as legal binding documents in court since my agent never provided me with a copy.