Verifying Sales

[Eli]

Are you certain, double hearsay would not be applicable?

In Estate of Poulus, Justice McCormick of the Supreme Court of Iowa noted that:

"We have long held that medical and hospital records are admissible, upon proper foundation, as an exception to the hearsay rule. We have recognized, however, that this does not necessarily make everything in the records admissible.... [H]earsay statements in medical and hospital records which are not germane to physical condition or medical treatment are inadmissible unless nonprejudicial.

"This is referred to by commentators as the double hearsay rule. The hospital record is hearsay. It is admissible under an exception to the hearsay rule. But it may include recitals of statements of others, including the patient. This included hearsay is the subject of the double hearsay rule. Included hearsay is inadmissible, upon proper objection, unless it independently comes within a recognized exception to the hearsay rule."

I wish someone would call their state appraiser commission and get their opinion. I would like to hear their opinion from someone even if it is hearsay. lol.

 

[DTB]

I wish someone would call their state appraiser commission and get their opinion. I would like to hear their opinion from someone even if it is hearsay. lol.

Where should I mail your dime?

 

[Eli]

I don't care to be embarrassed today. Thanks, but no thanks. My state may be different anyway.

 

[DTB]

I don't care to be embarrassed today. Thanks, but no thanks. My state may be different anyway.

You mean when you ask the appraiser commission to render a legal opinion?:blush:

 

[Eli]

Yes, they have a lawyer just like E&O companies, which would be another good source for a legal opinion. I would be scared they would think I am not verifying or think I was trying to get out of the responsibility, or think I thought calling realtors is wrong. That is what would embarrass me, especially since I do it almost every day.

 

[Eli]

What I have been trying to say is that it is not hearsay to US unless the agent says "somebody told me <such-and-such>", we have heard it from the horse's mouth directly (the agent). When we go to tell another, then WHAT the agent said is hearsay but we are witness to them saying it. Subtle difference.

In regards to verifying, the MLS reports may well be "hearsay" as the person who wrote the listing may well not be the agent that saw the inside of the property, and we already know it may be bias as at that point it is written by an agent of the seller, when we call to verify the listing agent is typically no longer an agent of the seller and IS one of the persons who likely witnessed the transaction directly. In other words involved in the transaction without being a principal. What they say they observed or no is not hearsay, what we say they said they saw or knew is almost certainly (dependent only on how we phrase it, AFAICT).

Edit:
Just saw tmd & ResGuy's most recent posts and I stand corrected ... as we are operating in our course of business what we report is almost certainly NOT hearsay and the same would apply to what a RE Agent tells us (as that is also part of his course of business). So, I was wrong up above as it applies within the scope of our profession.

Why wouldn't it be "hearsay"?
Not a lawyer, but likely in part because I take notes as to what they said, including the date and time I called them

I agree.

 

[DTB]

Yes, they have a lawyer just like E&O companies, which would be another good source for a legal opinion. I would be scared they would think I am not verifying or think I was trying to get out of the responsibility, or think I thought calling realtors is wrong. That is what would embarrass me, especially since I do it almost every day.

Sometimes, pride goeth before the fall.

 

[Eli]

Sometimes, pride goeth before the fall.

So true, since the beginning, but I am trying to encourage defense. I'm sorry it came across the wrong way. I totally understand though. Anybody encouraging or thinking more work for less money today is kinda like someone cursing me. A wonderful lady I used to work with used to say regarding such things. "That would go over like a turd in a punch bowl". And I'm sure you probably put out good work and verify or you never would have made it this far.

 

[ucbruin]

Just call the agent reports "excited utterances" and there is your exception to hearsay.

Because agent interviews fall under the Courtroom Drama section of USPAP.

Very clever response!!!!!

 

[Eli]

I am kind of thinking that from a legal standpoint the admissibility issue would go however the judge says and that could change from court room to court room. But from my own point of view, it just helps me in my analysis period (the more complex, the more it helps me), and I am looking out for me.