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  • From: Gene GeRue <genegerue AT ruralize.com>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Check out the neighbors!
  • Date: Mon, 12 Jun 2006 07:01:22 -0500


. . . in this state [Tennessee] if you sell real estate and there are troublesome neighbors nearby, you are obliged to tell the buyer. Real estate agents are required to ask sellers about the neighbors and are required to pass the information along to potential
buyers. Failure to do so is actionable.

Good rule. I hope it spreads fast. I suggested to my Arkansas correspondent that she write to the state attorney general's office.

In Arizona a listing seller must complete a long property disclosure statement that must be read and acknowledged by the buyer. Occasionally checking "I don't know" is acceptable, although I suspect most judges would get cranky if the litigant's lawyer provided high probability of knowledge. If someone has lived in a house for years it is likely they know what's what.

I expect most states also require a disclosure statement or will soon do so. There are still pockets of incompetence, as in any profession, but Realtors have had substantial success in making transactions honest. One of the items of controversy today is home inspections. As a relatively new requirement it is not well established. Inspector certification is new. But, one more time, every profession has good people and bad people. One of a Realtor's obligations is to be able to recommend competent home inspectors, termite inspectors, escrow people, mortgage people, insurance people, surveyors, well drillers, repairmen, etc.





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