DMZwerg
Senior Member
- Joined
- Mar 25, 2009
- Professional Status
- Certified Residential Appraiser
- State
- Wisconsin
No purchase on that concept T.
Actually see post 231.
And who's to say the non foreclosed examples actually had fair disclosure anyways?
Disclosure or not is one thing, *RISK* is what causes the difference. When a non-foreclosed property did not have fair disclosure the buyer has a better chance of successfully reclaiming all or a portion of their loss. Whe the property is a foreclosure there is less recourse as the buyer is assumed to be assuming the risk (thus sale price consistent with disposition value rather than (FIRREA) Market Value).
Owner-occupier seller is under duty to disclose certain facts, bank sells "as is" in an attempt to try and distance themselves from the responsibility for things they did not know about and presumably had no way to determine if not obvious to cursory inspection.
Risk and liability. That is point one.
Motivation of seller is point two.
Exposure/marketing time (and ability to NOT sell if they chose) is point three.
Do you really need more points?
Fair disclosure is basically more of a misdirectional argument. You can hardly prove fair disclosure is a standard practice, what with every piece of paper signed originating from the mind of a sleezy lawyer who forces the buyer to accept all responsibility regardless of disclosure issues.
I believe that comes under the phrase "each acting prudently, knowledgeably" in the FIRREA DoMV, which condition the buyer did not meet if he let "a sleezy lawyer" force him to "accept all responsibility regardless of disclosure". Fails as an Arm's Length Transaction and fails under the FIRREA DoMV ... throw it out or analyze, comment and adjust appropriately.
Now, given foreclosures, these are likely a bit more difficult to detect off hand, but that is what due diligence is about.
Racine COUNTY is in the same boat (even parts have had new construction and the far corner has seen price increases and few foreclosures ... as is Chicago Metro (to the south) and Milwaukee Metro (to the north).I'm from the Mpls area. 30-40% is not a problem? woohoo I'll alert the press.
BTW, circa 2009, City of Milwaukee, east of Sherman Boulevard near Capitol had 95%+ foreclosures & short sales ... at least in one neighborhood and as showed up on a comp search. NBHDs around that one were 90%+, and I am not retired so I will not be going back through all my reports to find the exact data. You are retired, see if you can find it Kinney