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  #1  
Old 12-27-2004, 09:18 PM
Jeff Horton's Avatar
Jeff Horton Jeff Horton is offline
 
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This is about Realtors and Home Inspectiors but I think you will find it very intersting

Realtor article
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  #2  
Old 12-27-2004, 09:28 PM
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Ok, but did Joan end up having to pay or what?
Attorney's can say anything.

elliott
  #3  
Old 12-28-2004, 05:34 AM
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Richard Carlsen Richard Carlsen is offline
 
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Walk like a duck, quack like a duck, wear feathered clothes like a duck and pretty soon people will begin to take you for a duck.

Act like an inspector, talk like an inspector, poke around houses like you are inspecting, hang around when inspectors do their work, use "inspector" words in reports, talk how to correct problems in houses and very likely people will begin to get the idea that you are an inspector and not an appraiser.

Part of this lady's problem appeared to be he zeal to "take care of her clients". We've all seen this kind of person before who wants to make sure that everything is done right. In order to do that, she had to be in the middle of everything that is going on. She did not realize that the middle is also called the bulls-eye.

Her problem could most likely have been averted if she simply had defined the Scope of the Work. She did not understand that her job entailed brokering real estate; not making everything perfect for her clients. In her desire to take care of her clients, she could not let things take place (i.e. home inspections) without her being there. At the end of the inspection, she had to interpret to her clients what the inspection found and through addendum's, correct the problems for her clients. She put herself in the position of apparently having co-uncovered the problems along with the inspector and therefore, she began to look like an inspector to whom the clients could rely upon to correct all problems with the house.

This Mother Hen got taken for an inspector. Even if she defended her position successfully, she had the not so charming experience of having to defend he position in court.
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  #4  
Old 12-28-2004, 06:56 AM
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And hence my "expanded comment pages" that clearly disclaims I'm not an inspector, roofer, electrican, surveryor, engineer or lawyer - I'm an appraiser whose job is to provide an opinion of market value. If anyone in the chain of possession of the appraisal has a concern then it is up to them to pay for a licensed, qualified and professional person in that field to investiage.

I'm with Elliott - did she end up paying?
  #5  
Old 12-28-2004, 07:20 AM
Edd Gillespie Edd Gillespie is offline
 
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Caretaking gets us all, but I would submit she was doing her job-not catretaking. She is exactly the Realtor she should be doing exactly what she should do. She may have made the mistake of not making her role in the inspection process clear (in writing) when she agreed to go. Her defense that she was not an inspector was a good one and it should prevail. She should have been instructed to anticiapte what the attorney would do in terms of leading her down the path into claiming she wanted the buyers to rely on everything she did. Its the sellers and their Realtor that should be answering for this debacle. The sellers cheated the buyers and that's where the liability lies.

It still is buyer-beware and that goes for asking the Realtor to guarantee everything. Where are we heading with this sort of idiotic lawsuit against professionals doing their job. She did her best in an honest way and that sure beats what most of 'em do.

Keep in mind that this may be a hypothetical situation and it is written in a manner that leads me to suspect its purpose is to enhance the impression that "the sky is falling". Attorneys are prone to talk about extremes (the word embellish comes to mind) because the mundane is just flat boring and who will ask you to write boring articles for their magazine that depends on subscribers for its existence.

Personally, I think the story does a disservice to buyers and to the real estate industry and Realtors as a whole. Are we going to buy everything on E-Bay and appraise it with AVM's?
  #6  
Old 12-28-2004, 09:58 AM
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Nancy Wyatt Nancy Wyatt is offline
 
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I can't get to the article :cry:
  #7  
Old 12-28-2004, 10:24 AM
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Quote:
Originally posted by Nancy Wyatt@Dec 28 2004, 10:58 AM
I can't get to the article :cry:
www.realtor.org is blocking access now.
  #8  
Old 12-28-2004, 10:48 AM
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Quote:
Where are we heading with this sort of idiotic lawsuit against professionals doing their job. She did her best in an honest way and that sure beats what most of 'em do.
Right on (I think). I didn't get to the article before it was inaccessible, but I still second Ed's point. What a shame that a talented real estate professional like Otis, for instance, finds it a necessary evil to limit comments & observations to the minimum necessary & required. And, logically, he also finds it necessary to kill forests of trees....or use a mole worth of electrons to communicate reports with his CYA addendums library attached.

I hope it was OK to use Otis & his well known addendum library as an illustration

Still, appraisers are pikers when it comes to using the document dumping strategy as a shield. Ever read limited partnership disclosures cover to cover? Congressional bills are typically too big for members of congress to actually read. Heck, appraisers are behind the times
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  #9  
Old 12-28-2004, 10:52 AM
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Quote:
Originally posted by rogerwatland@Dec 28 2004, 11:48 AM

Right on (I think). I didn't get to the article before it was inaccessible, but I still second Ed's point. What a shame that a talented real estate professional like Otis, for instance, finds it a necessary evil to limit comments & observations to the minimum necessary & required. And, logically, he also finds it necessary to kill forests of trees....or use a mole worth of electrons to communicate reports with his CYA addendums library attached.

I hope it was OK to use Otis & his well known addendum library as an illustration
Do I hear lawsuit - my copyrighted information and statements were used without authorization. I demand payment - eh, let's see $0.0001 should do it. :rofl: :rofl: :rofl:


BTW Nancy - I just emailed a link - I think they went down for a minute or so.
  #10  
Old 12-28-2004, 12:42 PM
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Scott Kibler Scott Kibler is offline
 
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Moral #1: Don't pretend to greater knowledge/competancy than you possess.

Moral #2: No good deed goes unpunished.
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