Comments on: Home Warranty Does Not Cover Known Pre-existing Conditions http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/ Austin Real Estate Blog Sat, 11 Feb 2012 14:52:54 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Steve Crossland http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-36213 Steve Crossland Wed, 24 Sep 2008 02:18:50 +0000 http://crosslandteam.com/?p=483#comment-36213 Barbara, You'd have to prove that it was a known condition at the time the seller sold the house and that the seller willfully concealed it and lied on the seller's disclosure notice. It's a questions better directed to an attorney in your state though. Steve Barbara,

You’d have to prove that it was a known condition at the time the seller sold the house and that the seller willfully concealed it and lied on the seller’s disclosure notice.

It’s a questions better directed to an attorney in your state though.

Steve

]]> By: Barbara Horton http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-36209 Barbara Horton Wed, 24 Sep 2008 02:00:23 +0000 http://crosslandteam.com/?p=483#comment-36209 Nearly 6 years after purchase of our home, as a result of a flood, the basement carpeting was removed and to our dismay, asbestos tile was found. Do the sellers bear any responsibility in this situation because they did not disclose the presence of the tile? They were the only owners of the property. Nearly 6 years after purchase of our home, as a result of a flood, the basement carpeting was removed and to our dismay, asbestos tile was found. Do the sellers bear any responsibility in this situation because they did not disclose the presence of the tile? They were the only owners of the property.

]]> By: Tary Snyder http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-31224 Tary Snyder Wed, 03 Sep 2008 14:41:26 +0000 http://crosslandteam.com/?p=483#comment-31224 Sam, welcome to the wonderful world of real estate. Affiliate yourself with a firm that adheres to the NAR "Code of Ethics". Talk to Steve, Talk to me and we can give you some ideas on firms to interview. Thanks Tary Sam, welcome to the wonderful world of real estate. Affiliate yourself with a firm that adheres to the NAR “Code of Ethics”. Talk to Steve, Talk to me and we can give you some ideas on firms to interview.

Thanks Tary

]]> By: Sam http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-31172 Sam Wed, 03 Sep 2008 09:00:14 +0000 http://crosslandteam.com/?p=483#comment-31172 Hello Steve, I am not a REALTOR, but that is going to change in two weeks; as soon as I interview a few brokerages in Austin. I am currently a licensed real estate agent and have had the displeasure of encountering ignorance, incompetence, and sadly yes dishonesty (in just the last few months of being an agent). In regards to ignorance and incompetence I personally think that the exam requirements to admit new agents into the field should be tightened. Way to many people pass the state and national real estate exam and there is not enough finance math throughout the exam (just my opinion). There should be a limit on the number of times the exam can be retaken; I mean really I heard of an agent who took the state portion eight times before passing! Also there should be a "draft a contract" scenario in the exams. As for the dishonesty, that unfortunately can not be tested for in an exam. Just my thoughts, Sam Hello Steve,

I am not a REALTOR, but that is going to change in two weeks; as soon as I interview a few brokerages in Austin. I am currently a licensed real estate agent and have had the displeasure of encountering ignorance, incompetence, and sadly yes dishonesty (in just the last few months of being an agent). In regards to ignorance and incompetence I personally think that the exam requirements to admit new agents into the field should be tightened. Way to many people pass the state and national real estate exam and there is not enough finance math throughout the exam (just my opinion). There should be a limit on the number of times the exam can be retaken; I mean really I heard of an agent who took the state portion eight times before passing! Also there should be a “draft a contract” scenario in the exams. As for the dishonesty, that unfortunately can not be tested for in an exam.

Just my thoughts,

Sam

]]> By: Steve Crossland http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-24320 Steve Crossland Tue, 05 Aug 2008 14:08:51 +0000 http://crosslandteam.com/?p=483#comment-24320 Thanks Tary. What I've always done in a situation like this is have a talk with the agent and/or their Broker after the deal closes. I don't want to cause disharmony with the agent before closing that could somehow even remotely affect the deal for my buyer. But once the deal closes, I'll have a talk with the agent. If that doesn't work, I'll talk to the Broker. When I've done this before, it has never gone further than that and I've never had to file a complaint on another agent. Ever Broker I've ever had to speak with took the information very seriously. And it's not a punitive discussion, just an "I'd like to share something with you if you're willing to listen" approach, then the data and facts of what happened and what constitutes an ethics violation. Sometimes it's a tough call though, especially an agent remains recalcitrant. But I think the Broker always deserves to be brought into the conversation before a complaint is filed. Steve Thanks Tary.

What I’ve always done in a situation like this is have a talk with the agent and/or their Broker after the deal closes. I don’t want to cause disharmony with the agent before closing that could somehow even remotely affect the deal for my buyer.

But once the deal closes, I’ll have a talk with the agent. If that doesn’t work, I’ll talk to the Broker. When I’ve done this before, it has never gone further than that and I’ve never had to file a complaint on another agent. Ever Broker I’ve ever had to speak with took the information very seriously.

And it’s not a punitive discussion, just an “I’d like to share something with you if you’re willing to listen” approach, then the data and facts of what happened and what constitutes an ethics violation.

Sometimes it’s a tough call though, especially an agent remains recalcitrant. But I think the Broker always deserves to be brought into the conversation before a complaint is filed.

Steve

]]> By: Tary Snyder http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-24151 Tary Snyder Tue, 05 Aug 2008 01:22:07 +0000 http://crosslandteam.com/?p=483#comment-24151 I also saw Angies article and agree that you handled the situation correctly. Since I serve on the Grievance and Standards Committee I assume you will be reporting this episode to Gina Willemsen at ABOR. Let me know what happens. Thanks Tary I also saw Angies article and agree that you handled the situation correctly. Since I serve on the Grievance and Standards Committee I assume you will be reporting this episode to Gina Willemsen at ABOR.

Let me know what happens.

Thanks Tary

]]> By: Steve Crossland http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-23107 Steve Crossland Fri, 01 Aug 2008 15:32:43 +0000 http://crosslandteam.com/?p=483#comment-23107 I think the seller was simply misinformed and the agent was letting too much ego into the process. Steve I think the seller was simply misinformed and the agent was letting too much ego into the process.
Steve

]]> By: anonymous http://crosslandteam.com/blog/2008/07/31/home-warranty-does-not-cover-known-pre-existing-conditions/#comment-23088 anonymous Fri, 01 Aug 2008 13:57:57 +0000 http://crosslandteam.com/?p=483#comment-23088 In this situation, was this particular seller underwater or the agent/seller just cheap and greedy? Anon In this situation, was this particular seller underwater or the agent/seller just cheap and greedy?

Anon

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