DMZwerg
Senior Member
- Joined
- Mar 25, 2009
- Professional Status
- Certified Residential Appraiser
- State
- Wisconsin
Well, who the heck was living in the house before it became an REO?
Well, obviously not the bank. :mellow:
If you had kept up on your RE license you would have probably encountered in CE the discussions about homeowners and Real Estate Condition Reports and how, if selling a property owned by a relative, the RE Agent could be "on the hook" for Adverse Facts and Material Adverse Facts not included in a submitted RECR or even if no RECR was submitted. Also in CE they would have likely mentioned about lenders and RECRs on REOs listed for said.
In other words, who was living in the house just prior to the listing, who can be held accountable for Adverse Facts and Material Adverse Facts, and the degree of liability and accountability, can vary based on the current ownership situation. A "traditional" seller can be (and often is) held accountable if there is information in a RECR that is inaccurate and said either did or should have known AND even if no RECR was submitted, whereas persons dead (estates) are generally held to a somewhat less strict standard (as some conditions could have developed since the heirs lived there) and lenders often to the least standard of liability (they can argue they "never" even wanted the property nor to be property owners let alone sellers and have not personally inspected the property ... their hired expert(s) did). Bottom line, it is truly a whole nother ballgame. Liability and the inability to regain loss is risk.