Keyword: disclosure

Homeowners win lawsuit against builder for fraudulent nondislosure

Homeowners win lawsuit against builder for fraudulent nondislosure

Dream home turned nightmare In 2005, Mark and Marilyn Hess moved into their brand new Utah home after years of planning and saving. Shortly after they moved in, cracks started showing up in walls and in the concrete and not long after, their home began to separate and sank five inches. In 2005, the Hess family filed suit against the ...

Tara Steele | 2011/05/02  | 18 Comments News

A Simple Question: MLS and Responsibility

A Simple Question: MLS and Responsibility

Fiduciary Responsibility, Laws and Morals I’ve been panning this question in both hemispheres of my brain:  “Does MLS actually fulfill the fiduciary or statutory responsibility of the Agent?”  I am not sure it does.  Most buyers hire Selling Agents to help them find their next home, not just those homes in the MLS.  An undisclosed, Unrepresented Seller’s (FSBO) webpage has ...

Matthew Rathbun | 2009/04/19  | 18 Comments Coaching

So, You’re No Expert?

So, You’re No Expert?

Whose Job Is It? Time and time again while teaching classes the issue of disclosures comes up and the argument about who is responsible for making them. In Virginia, a Seller is not obligated to disclose anything about the property, however a Listing Agent is required to make disclosures to all involved about anything that they have knowledge of, regarding ...

Matthew Rathbun | 2008/07/12  | 19 Comments Ethics

Homeowners win lawsuit against builder for fraudulent nondislosure

Homeowners win lawsuit against builder for fraudulent nondislosure

Dream home turned nightmare In 2005, Mark and Marilyn Hess moved into their brand new Utah home after years of planning and saving. Shortly after they moved in, cracks started showing up in walls and in the concrete and not long after, their home began to separate and sank five inches. In 2005, the Hess family filed suit against the ...

Tara Steele | 2011/05/02  | 18 Comments News

A Simple Question: MLS and Responsibility

A Simple Question: MLS and Responsibility

Fiduciary Responsibility, Laws and Morals I’ve been panning this question in both hemispheres of my brain:  “Does MLS actually fulfill the fiduciary or statutory responsibility of the Agent?”  I am not sure it does.  Most buyers hire Selling Agents to help them find their next home, not just those homes in the MLS.  An undisclosed, Unrepresented Seller’s (FSBO) webpage has ...

Matthew Rathbun | 2009/04/19  | 18 Comments Coaching

So, You’re No Expert?

So, You’re No Expert?

Whose Job Is It? Time and time again while teaching classes the issue of disclosures comes up and the argument about who is responsible for making them. In Virginia, a Seller is not obligated to disclose anything about the property, however a Listing Agent is required to make disclosures to all involved about anything that they have knowledge of, regarding ...

Matthew Rathbun | 2008/07/12  | 19 Comments Ethics