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Old 11-06-2015, 06:21 PM
 
Location: Salem, OR
13,738 posts, read 31,524,987 times
Reputation: 12105

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Quote:
Originally Posted by luv4horses View Post
And people wonder why sellers feel the need to go "for sale by owner". At least you don't need to worry about these little details. Sellers (without agents) don't have such deep pockets that they would themselves be targets of such frivolous lawsuits.
As others stated FSBO's are not exempt. They just don't know they aren't.

Quote:
Originally Posted by Zymer View Post
No, I wouldn't sign an agreement to *defend* the brokerage, but I would be quite willing to sign a release exempting the brokerage from liability, and stipulating that the verbiage was mine and included at my insistence. Someone filing suit over something like that would be stupid, and I would find it amusing to do battle in court with such stupidity...it would not be my first time. I'm not a lawyer, but I've played a pretty good one in court.
The brokerage would get named regardless of what you wanted.

Quote:
Originally Posted by luv4horses View Post
So let's take this a step further. No one should be able to advertise a home I cannot afford, because it makes me feel unworthy, unfulfilled, and unattractive. After all, one could argue that the inability to earn enough money to afford a beautiful home is shaped by nature as well as nurture. And if a person did have a disability that made sledding difficult I am sure a healthy minded individual would not benefit from avoiding the mention of sledding in any way. That is absurd.
No inability to pay isn't a protected class. So focusing on income isn't a good analogy.

I personally wouldn't add "great sledding hill" to an ad because I think it is detrimental to selling the house, but if the brokerage feels uncomfortable with it for fair housing that would be their choice.

You can take as many steps forward as you want because there will always be some person bent on getting money. Defending lawsuits is very, very expensive. I can't tell you how many classes I've taken on fair housing and risk management. Ugh.
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Old 11-06-2015, 11:23 PM
 
Location: Sacramento
5,057 posts, read 7,255,062 times
Reputation: 3492
Quote:
Originally Posted by luv4horses View Post
So let's take this a step further. No one should be able to advertise a home I cannot afford, because it makes me feel unworthy, unfulfilled, and unattractive. After all, one could argue that the inability to earn enough money to afford a beautiful home is shaped by nature as well as nurture. And if a person did have a disability that made sledding difficult I am sure a healthy minded individual would not benefit from avoiding the mention of sledding in any way. That is absurd.
winner winner chicken dinner

I can't believe it that society has become so PC, that you cant advertise honestly for fear of offending someone. No wonder the home ads these days are so vague and boring.

Makes me wonder why the realtor would post these pictures, granted it does say "fixer". Gag http://www.realtor.com/realestateand...6-93085?row=67
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Old 11-07-2015, 04:16 PM
 
Location: Salem, OR
13,738 posts, read 31,524,987 times
Reputation: 12105
Quote:
Originally Posted by caligirlz View Post
winner winner chicken dinner

I can't believe it that society has become so PC, that you cant advertise honestly for fear of offending someone. No wonder the home ads these days are so vague and boring.

Makes me wonder why the realtor would post these pictures, granted it does say "fixer". Gag http://www.realtor.com/realestateand...6-93085?row=67
Because it makes no sense to have a parade of people walk through a home when this is clearly cash investor territory.

Oh and isn't an issue of offending someone. It is an issue of discriminating against someone. Big difference.
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Old 11-08-2015, 06:37 AM
 
277 posts, read 249,055 times
Reputation: 324
I was away...

Just to say the reason we bought this house [even though the having a small-scale sledding hill for the small kids on those little saucers, which might draw some familes since it snows much of the winter in the Poconos. The hill slopes downward away from the house, not toward, and levels off to a breathtaking view of a greenbelt and stream with lots of privacy on over an acre, and two acres of woods next door, (so no, kids won't be bringing over trash to intentionally leave in the yard) ] was b/c the interior of the house was incredibly beautiful. This was the last home the builder would bulit after 30 years of craftmanship. He put all the extra's into it, and it shows. The woodwork is beautiful, the arches, mosaics, and wood inlay. This is in a lovely HOA community, and that builder even retired here. I explained this to the Realtor as I thought she might advertise with this in mind. She explained she was the highest seller and showed me stats, in the entire area. I thought she'd be creative and use the info in the ad. The ad was very bland, and very short. The photos are out of proportion making the entry stairs look like a 30 foot drop. And artificially stretching all photos to fool the eye into seeing a 40 foot living room, and 20 foot bedrooms. What's with that? I have of course signed a contract, so I am stuck until April. I am hoping for a good outcome and keeping a positive thought.
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Old 11-08-2015, 08:51 AM
 
Location: NC
6,081 posts, read 7,009,390 times
Reputation: 12053
I would insist on replacing the photos with ones of my chosing. She either should hire a professional that you approve of or despite it being her responsibility, you should hire your own. It is dead easy to replace the photos. Those wide angle ones make me turn away every time.
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Old 11-08-2015, 09:28 AM
 
Location: Salem, OR
13,738 posts, read 31,524,987 times
Reputation: 12105
Quote:
Originally Posted by luv4horses View Post
I would insist on replacing the photos with ones of my chosing. She either should hire a professional that you approve of or despite it being her responsibility, you should hire your own. It is dead easy to replace the photos. Those wide angle ones make me turn away every time.
I agree. Ask her to hire a different photographer to retake new photos.
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Old 11-08-2015, 09:45 AM
 
276 posts, read 225,504 times
Reputation: 488
Re: the house listed as "every woman's dream kitchen" has since replaced it with "every cook's dream kitchen, but the magic of google: 2530 Lakeshore Drive Flagler Beach Florida 32136
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Old 11-08-2015, 10:34 AM
 
Location: Billings, MT
8,977 posts, read 7,062,237 times
Reputation: 12431
"This is in a lovely HOA community,..."
Sorry, but IMO there is no such thing. HOAs are to be avoided at all costs!

As for "for Sale By Owner", if you sign up with the national organization, you have to abide by their rules. If you put a "FOR SALE" sign in your front yard, and make arrangements with a real estate lawyer to handle the paperwork for you, you can say whatever you want about the property, except, of course, "No sale to orientals, blacks, native americans" or whatever. THAT you can't do! You DO, however, have the absolute right to reject any offer from those you just don't like! you don't even have to give a reason for rejecting the offer!
We do, after all, still have a few freedoms left!
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Old 11-08-2015, 10:35 AM
 
Location: North Idaho
20,972 posts, read 25,680,305 times
Reputation: 39322
Quote:
Originally Posted by countryswan View Post
...... The hill slopes downward away from the house, not toward, and levels off to a breathtaking view of a greenbelt and stream with lots of privacy on over an acre, and two acres of woods next door, ......
Then you say located on the top of a small hill that gives an admirable view of a stream and greenbelt. People with small kids can figure out that they can use the hill to sled and you won't inadvertently turn off potential buyers who don't want the neighborhood kids sledding in their back yard.
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Old 11-08-2015, 11:42 AM
 
5,048 posts, read 6,380,923 times
Reputation: 4121
Quote:
Originally Posted by countryswan View Post
I was away...

Just to say the reason we bought this house [even though the having a small-scale sledding hill for the small kids on those little saucers, which might draw some familes since it snows much of the winter in the Poconos. The hill slopes downward away from the house, not toward, and levels off to a breathtaking view of a greenbelt and stream with lots of privacy on over an acre, and two acres of woods next door, (so no, kids won't be bringing over trash to intentionally leave in the yard) ] was b/c the interior of the house was incredibly beautiful. This was the last home the builder would bulit after 30 years of craftmanship. He put all the extra's into it, and it shows. The woodwork is beautiful, the arches, mosaics, and wood inlay. This is in a lovely HOA community, and that builder even retired here. I explained this to the Realtor as I thought she might advertise with this in mind. She explained she was the highest seller and showed me stats, in the entire area. I thought she'd be creative and use the info in the ad. The ad was very bland, and very short. The photos are out of proportion making the entry stairs look like a 30 foot drop. And artificially stretching all photos to fool the eye into seeing a 40 foot living room, and 20 foot bedrooms. What's with that? I have of course signed a contract, so I am stuck until April. I am hoping for a good outcome and keeping a positive thought.
Now the bolded sentence is perfectly fine. Add hilltop somewhere. I think people are more aware as time goes on about FEMA and flood plains and insurance and the issues of being in them. And erosion issues too. So I would sadly overlook an otherwise perfect house at the bottom of the hill because I know retaining walls don't always last either. But hilltop can be lovely and romantic and offers maybe sunrise or sunset views and all that good stuff.
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