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Old 04-21-2013, 01:09 PM
 
Location: honolulu
1,729 posts, read 1,206,143 times
Reputation: 443

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As with a used car for allot of stuff we buy now days it comes an "as is" clause. When someone is in the market for a home the realtor always has a discloser for the buyer.

Well in this case its a bit different. the realtor bought the property put some houses on it. The issue at hand is the "AS IS" clause, for when the realtor bought the property the title said, An "undivided 1/2 interest". Now knowing he bought the property that way. This person is trying to sue the other people who have the other "undivided 1/2 interest".
The realtor is suing for a partion of the property and that if a resolution cannot be had that the other party needs to sell to the realtor their "undivided 1/2 interest" as well as pay any and all lawyer's fees.

My friend told me his story and I tripped.... I know drugs is becoming and epidemic... just trying to figure out what this guy's been shmokin...
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Old 04-21-2013, 01:31 PM
 
Location: Salem, OR
13,707 posts, read 31,323,456 times
Reputation: 12049
The as-is clause is different than a 50% equity stake. The agent and your friend are Tenants in Common/Joint Tenancy.

Suing for partition is normal in a situation like this. The agent had equity with someone else. They passed and your friend inherited it. The agent doesn't want to have an equity stake with your friend so they are suing so they can sell it. If your friend doesn't want to deal with that, then they can cooperate and sell the property.

This is common. Just because you don't know that doesn't mean the agent is smoking something.
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Old 04-21-2013, 02:45 PM
 
4,463 posts, read 7,853,862 times
Reputation: 6388
For anyone who is lost..... we are talking about this same topic posted earlier.

LINK

Not sure why you started another topic.
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Old 04-21-2013, 03:23 PM
 
Location: Kailua Kona, HI
3,199 posts, read 10,878,749 times
Reputation: 3375
"As Is" generally pertains to the condition of the property, not any tenancy issues.
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Old 04-21-2013, 09:41 PM
 
Location: southwest TN
8,157 posts, read 14,125,965 times
Reputation: 14737
Quote:
Originally Posted by 399083453 View Post
For anyone who is lost..... we are talking about this same topic posted earlier.

LINK

Not sure why you started another topic.
The other thread was laughing at the realtor, this one is calling the realtor a pothead. Different.

I guess for someone who doesn't read the answers in her own threads, why not put a slightly different spin on things.
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Old 04-23-2013, 02:32 AM
 
Location: honolulu
1,729 posts, read 1,206,143 times
Reputation: 443
Yes Annie...... I did one thread only to come look for it and not finding it I started the other. I must say I do like your posts the most. I forwarded all the info to my friend I hope he can find it useful....



Mahalo, Aloha...
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