Caveat Emptor -
BUYER BEWARE!!!!!!!
Buyers and Sellers must be aware of all the potential risks of purchasing
and selling a home. The following page is to provide consumers with valuable insider information about the housing/real
estate industry. This includes and is not limited to
Florida Real Estate Agents, builders, building
products, Home Inspectors, local housing developments with latent defects and problems, etc. This is a ongoing work so
come back often, it will be updated regularly. Each article is numbered. The BB stands for buyer beware!!
We cannot lump all real estate agents into one category but in 17
years of inspecting we found a handful of honest agents (they know
who they are). Our clients mean much more to us than an agents
repeat business.
READ YOUR REAL ESTATE CONTRACT BEFORE YOU SIGN IT! IF YOU DO
NOT UNDERSTAND IT HIRE A REAL ESTATE ATTORNEY!
BB Article # 14
Three real estate documents you should never sign.
These three pages are disclosure documents that release the realtor
and/or the broker from you suing them should there be any problems
pertaining to these three subjects; Home Inspection, Chinese Drywall and
Mold. If they insist on you signing them, find yourself another
realtor. Often a home is inspected by one or more
inspectors before you enter into a contract with the seller. The
information on those inspection reports are suppose to be disclosed by
the seller and/or realtor (who should have the disclosure statement and
past inspection reports) See
sellers disclosure statement.
You should receive the sellers disclosure statement immediately after the seller has
signed the contract or you could request it before you submit the offer
or submit the offer pending the receipt of the disclosure statement and
"a favorable inspection report". Disclosure statements are typically filled
out and signed when the sellers agent lists the house. The seller must
disclose information that materially affects the value of the property.
Many times these issues surface from a inspection. The buyer
decides not to buy and moves on to another building. Along comes
the next buyer and no one discloses the previous inspection report.
Many agents prescribe to the "don't ask don't tell" policy but that is a
recipe for a lawsuit. If you like this read number 12 & 10 below.
BB Article # 13
SEC Inspections
This file is
a flyer from SEC Inspections to real estate agents via email. They actually state:
"Our inspectors convey their inspection findings
in a way that Doesn't Kill Your Deal". I have become very
frustrated by unethical inspectors in my profession. Not all inspectors
are created equal. No one does anything about them so we have decided to
post their message to realtors so you can see. This is one of the most
unethical marketing flyers I have ever seen. Not sure what SEC stands
for. Would you hire these clowns?
BB Article # 12
Every buyer
must read this shortened version of the 1985 Florida Supreme Court
ruling. In the landmark case of Johnson v. Davis, 480 So.2d 625,
627 (Fla.1985), the Supreme Court of Florida stated the doctrine of
Caveat Emptor (buyer beware) does not
exempt a seller from responsibility for the statements and
representations which he makes to induce the buyer to act. The Court
extended this principle to not only affirmative representations by a
seller amounting to fraud, but nondisclosures that materially affect the
price or use of the land.
Johnson v Davis Legal Short Form
This second article is a copy of a page from the 8th
Edition of Florida Continuing Education for Florida Real Estate
Professionals by Edward J. O'Donnell. It gives a more simple
explanation.
Johnson v Davis from the Realtors CE Book BB Article #11
A great article on Real Estate Fraud and how to spot it.
Who's Behind That
Smiley Face?
BB Article #10
So you think an "As Is"
contract holds water? Think again and read this and # 12 above.
Raynor
v. Wise
Realty
CALL US NOW (727) 734-8822 OR
ORDER ONLINE
BB Article #9
This is an actual lawsuit won by a buyer over a Housemaster
Inspection firm that was recommended by the real estate agent.
Housemaster
Lawsuit
BB Article #8
Air Cleaner Cases Speak to Truth in Advertising
Sharper Image and Brookstone imply results that do not
deliver. If you own one of these products you can get a refund.
BB Article #7
Read about what Donald Trump has to say about home inspections and buying
real Estate. From his book Trump: Think Like A Billionaire.
Donald Trump:
Think Like A Billionaire - How to Get an Appraisal and a building
inspection pdf
BB Article #6
This article is about a buyers bad experience with the agent and the agent
referred inspector.
Real Estate
Firm, Home Inspector Give Buyer
Example of Bad Ethics.pdf
BB Article #5
Another article on real estate agents and code of ethics violations.
Ignorance is no excuse
Yikes!_That's_a_Violation.pdf
BB Article #4 This is an important article about what to do if a buyer
wants to get out of a contract:
Agent Direct News
BB Article #3 This is an important article about home builders
responsibilities:
Trouble Brewing for New
Homebuyers
BB Article #2 This is an important article about real estate
representation - Find out which your Agent is:
www.planetrealtor.com/florida/flrealtormagazine/
Representation1005.cfm
We apologize for the inconvenience. Since we posted this article the
magazine has pulled the article. It will be posted soon. BB Article #1
This article is about Real Estate Agents Protecting Themselves Against
You - Their client - The Buyer or Seller!!!!!
This article was found in the September Issue of Florida
Realtor Magazine 2004. The front page in two inch letters states:
"DON'T GET SUED - Real estate professionals are getting sued today more
than ever. Here are some tips for protecting yourself". It makes for very good
reading but is especially good if you are interviewing realtors. Just a note,
since when did real estate agents become real estate professionals? That's an
oxymoron isn't it? Just click on:
Don't Get Sued. PDF
SUNCOASTINSPECTIONS.COM INC.
(727)-734-8822
call now or
order online
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