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Home buyer suing agent

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Terrel L. Shields

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May 2, 2002
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Certified General Appraiser
State
Arkansas
don't know about a precedent but I hope it sets his hair on fire..burn a few of 'em and they'll know better next time.
 

Richard Carlsen

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Licensed Appraiser
State
Michigan
Nope.

If all the required disclosures were made concerning agency etc., this one will most likely either be dismissed or the E&O people will settle out of court in order to reduce costs.

Buyer was most likely the woman who spilled hot McDonald's coffee on herself and was surprised that it was hot.
 

Lost Cause

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Sep 17, 2004
Professional Status
Certified General Appraiser
State
New York
This story is already covered in another current thread. It's a case of he said/she said. Who really knows? Is it consumers who should have known better now embracing victimhood, or a crooked agent, or some combination of both? Based on what's in that story, it's difficult to believe that the agent fulfilled his duty to his client regardless of their failures, but again, who knows?

Buyer was most likely the woman who spilled hot McDonald's coffee on herself and was surprised that it was hot.
If you know anything about that case, then you would know that she had a legitimate claim.
 

Non Sequitur

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Feb 14, 2002
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Louisiana
If you know anything about that case, then you would know that she had a legitimate claim.
IIRC McDonalds was warned (by the coffe maker manufacturer/Bun I think) that the temp settings were to hot and unfit for human consumption. McDonalds executives in a move reminicant of Fords handling of its defective Pinto line, decided the lost revenues due to re-fills associated with cold coffe would offset any liabilities. It was also uncovered that McDonalds had settled several other related cases and had received 100's of comlaints/reports of burns.

Back to the OP. I'm not sure what agency laws are in NY but in many states the agent has a fiduciary duty to the client. Whether or not this includes advising of lower priced listings is debatable.
 

Mike Boyd

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Jan 18, 2002
Professional Status
Retired Appraiser
State
California
I sold real estate in Hawaii for a few months back in 1981. In those days, to sell a house it was required by law to get a survey. With values all over the place today, it should be a requirement that every house listed have an appraisal by a licensed or certified appraiser.
 

moretti

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Joined
Dec 31, 2007
Professional Status
Certified Residential Appraiser
State
Oregon
my question for them is that you would think that of course the agent/broker is interested in selling that house. Perhaps his point about the others view backing up to houses was an important point for them wanting a house with a private view. who can really put numbers on that.

it seems like people like this just dont want to take responsibility for there actions. had they been up 200k instead of down would they still be having this law suit based on principal alone, or would they think that they just got a good deal.
 

Webbed Feet

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Feb 11, 2005
Professional Status
Certified Residential Appraiser
State
Canada
Nope.

If all the required disclosures were made concerning agency etc., this one will most likely either be dismissed or the E&O people will settle out of court in order to reduce costs.

Buyer was most likely the woman who spilled hot McDonald's coffee on herself and was surprised that it was hot.

Mr. Carlsen,

Are you aware what won that case for the old lady, scalded so badly she needed skin grafts, was inter-company memos showed the coffee temperture was intentionally increased to scalding in order to prevent customers from drinking as much coffee as they might normally do? At least that is what I have heard about it. Perhaps it was the unintended consequences of a negligent act she won on versus just the stupidity of a friendly jury.

Webbed.
 

Richard Carlsen

Elite Member
Joined
Jan 15, 2002
Professional Status
Licensed Appraiser
State
Michigan
Are you aware what won that case for the old lady, scalded so badly she needed skin grafts, was inter-company memos showed the coffee temperature was intentionally increased to scalding in order to prevent customers from drinking as much coffee as they might normally do?


My gosh! Coffee is hot? I didn't know that. Whow. Maybe one should wait before drinking it or carrying it while attempting to drive. Let it cool a little.


god bless the Culture of Victimhood
 
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