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If the agent is employed by the seller,
you, as a buyer, must be cautious about disclosing anything that you
would not want the seller to know since the agent would have the
obligation to tell his/her client, the seller. Further, the
seller's broker must advise the seller of any knowledge or advice
that best serves his/her client, obtain the best terms and price for the
seller/client, and keep the seller fully informed of all material facts
known to the agent. It is important to understand that the seller's
broker owes no duty of good faith or loyalty to the buyer.
Dual agents may work with both parties
and serve as a "middle-man" throughout the negotiations
however, buyers should again use caution about disclosing anything that
might weaken their negotiating position. Some states outlaw dual
agency but dual agency is permissible under some circumstances. For
example, one firm having multiple agents who represent both buyer and
seller separately in the sell of one of it's listings. You should
ask the agent to explain the agency relationship and review a blank
contract before discussing any details about a transaction.
Property Representations:
Potential homebuyers may sometimes encounter problems concerning
the seller or broker's oral representations about some condition of the
property which later turns out to be untrue or misleading. As a
general rule, when a broker or seller is asked about a specific
condition, they must answer truthfully and could be held liable for
misrepresentation if a reported fact later turns out to be false. An
example would be telling a potential buyer that the furnace or septic
field work properly when, in fact, they do not. Some states require the
seller to complete a written property condition disclosure form that
tells of defects. However, in most cases, the seller or broker
ordinarily have no obligation to disclose defects affecting the property
unless asked. The buyer should therefore meticulously inspect the
property, ask a lot of questions concerning condition, and consider
hiring a reputable, independent home inspection service to inspect the property and have an independent
appraisal.
During the inspection , buyers should
separate fact from opinion. A buyer has no cause of action against a
seller or broker who merely offers his/her opinion or engages in
"sales talk" which could be considered misleading. A seller or
agent who tells the buyer that the furnace is "in good
condition" cannot be sued if the furnace later malfunctions.
However, if specifically asked about the condition of the furnace and
the seller or broker does not reveal a "known" cracked heating
chamber, an action may be brought for fraud or deceit.
In separating fact from opinion, a court
will generally look at all circumstances including the
sophistication of the parties involved.
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