Carnivore
Elite Member
- Joined
- Jan 15, 2002
- Professional Status
- Certified Residential Appraiser
- State
- North Carolina
CMD,
Great post.
I think MARI only expose themselves when they are informed of incorrect damaging information on an individual file and choose to do nothing about it. It can get even worse if they continue to distribute this information to others after being given notice of the error or dispute.
Errors occur, mistaken identity, like 'Appraiser, Joseph Smith and appraiser Joe Q Smith. One only has to look at the Credit bureau's to see how bad it can get.
How does one repair the damage done by irresponsible or worse malicious activity by others outside your control. The courts are the answer.
Smokey made a good point!!
http://dictionary.law.com/definition2.asp?selected=2325
adhesion contract
n.(contract of adhesion) a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer.
See also: contract
Here is something from the rNorth Carolina that is a little different
http://www.mcguirewoods.com/news-resources/publications/SEL_June_2008.pdf
Great post.
I think MARI only expose themselves when they are informed of incorrect damaging information on an individual file and choose to do nothing about it. It can get even worse if they continue to distribute this information to others after being given notice of the error or dispute.
Errors occur, mistaken identity, like 'Appraiser, Joseph Smith and appraiser Joe Q Smith. One only has to look at the Credit bureau's to see how bad it can get.
How does one repair the damage done by irresponsible or worse malicious activity by others outside your control. The courts are the answer.
Smokey made a good point!!
http://dictionary.law.com/definition2.asp?selected=2325
adhesion contract
n.(contract of adhesion) a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer.
See also: contract
Here is something from the rNorth Carolina that is a little different
http://www.mcguirewoods.com/news-resources/publications/SEL_June_2008.pdf
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