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Asked by Jdorothy, 02769 Tue Jun 3, 2008

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Answers

5
Joanna Lane, Agent, Cutchogue, NY
Tue Jun 3, 2008
I find it very hard to believe that a professional roofer would change a minor cosmetic issue into a complete roof replacement in order to scare a buyer off at the agent's behest because she was losing .5% commission. This makes absolutely no sense. You may need to rethink that one.

However, on the larger issue, of whether or not the buyer's agent is permitted to misrepresent any aspect of the property to the buyer, the answer is no, absolutely not. Having said that, don't forget that if two people are looking at the same glass of water, one might describe it as half empty and the other as half full and both be correct. It is the buying agent's job to highlight areas of concern with the inspection and negotiate a concession from the seller if one is requested by their client, the buyer.

I wouldn't start second guessing what may have happened to cause the buyer to walk away, it could have been 100 different things that you haven't even thought of and you are never going to be able to prove it anyway.

So my advice is to drop it and move one. More important, fix those minor repairs in the roof so the same problem doesn't happen again!
2 votes
Brandon Schu…, Agent, Western Springs, IL
Tue Jun 3, 2008
Since you're asking a "legal" question, I would suggest you consult with your attorney. Realtors are really restricted from giving legal advise.
0 votes
Tman, , 30642
Tue Jun 3, 2008
Jdorothy,

Now, I've seen an abundance of home inspectors look the other way when it came to inspections ... this due to a realtor or two having the home inspector on their "A" list.

But I don't recall ever hearing or seeing any home inspector "loading up" an inspection ..

We're these folks bidding on different properties at the same time... do you have a copy, can you get a copy of the original.?

It just doesn't make a whole lot of sense...




: ^)
0 votes
Joanna Lane, Agent, Cutchogue, NY
Tue Jun 3, 2008
I find it very hard to believe that a professional roofer would change a minor cosmetic issue into a complete roof repair in order to scare a buyer off at the agent's behest because she was losing .5% commission. This makes absolutely no sense. You may need to take a second opinion on the roof to establish exactly what condition it's in, since that is what caused the original deal to fall through.

However, on the larger issue, of whether or not the buyer's agent is permitted to misrepresent any aspect of the property to the buyer, the answer is no, absolutely not. Having said that, don't forget that if two people are looking at the same glass of water, one might describe it as half empty and the other as half full and both be correct. It is the buying agent's job to highlight areas of concern with the inspection and negotiate a concession from the seller if one is requested by their client, the buyer. You may have been on the receiving end of a rather over zealous agent who made a little too much of it and scared the buyer off, but I wouldn't read too much into it. In any event, it's not something you are ever going to be able to prove, so my advise is to drop it and move one. More important, fix those minor repairs in the roof so it doesn't happen again!
0 votes
Paul Howard, Agent, Cherry Hill, NJ
Tue Jun 3, 2008
"The buying agent would only allow the roofer to report a full cost roof replacement as his inspection, as he was working for her. This, of course, scared the potential buyer away, even though, with a full roof replacement, the potential buyers would be getting the house for well tens of thousands of dollars under assesment value."

All the facts are required to answer this question:

..."would only allow" --- how do you know this and how did you conclude that 'dips' between trusses are 'cosmetic' issues not structural?

How much was the 'roof replacement' going to cost? And how would that result in the buyer getting the house for "tens of thousands under assessed value"?

Paul Howard
0 votes
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