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Old 11-18-2013, 08:58 AM
 
Location: Ocala
478 posts, read 700,606 times
Reputation: 205

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Quote:
Originally Posted by MikeJaquish View Post
"No representation."
Neither false nor fraudulent.

Quite legitimate and acceptable where I live and practice.
Is the seller aware of a problem? Three choices are baked into the NC REC property disclosure:
Yes. No. No Representation.

No Representation is precisely the embodiment of caveat emptor.
Label it whatever you wish but it reality it's a purposeful attempt to hide the truth from the buyer and that's dishonest no matter where you live.
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Old 11-18-2013, 09:57 AM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45637
Quote:
Originally Posted by Florida Gentleman View Post
Label it whatever you wish but it reality it's a purposeful attempt to hide the truth from the buyer and that's dishonest no matter where you live.
What you just said is prejudicial and untrue.
Additionally, an agent cannot force a seller to disclose. The agent can only disclose what they know, or should reasonably know within the scope of their role.

Moreover, I am delighted to be in an informed position and able to offset internet inaccuracy and to help my fellow man in the pursuit of truth!

Here is the form from the NC REC:
http://www.ncrec.gov/forms/rec422.pdf


Here is a brilliant, insightful, and fundamentally accurate video regarding disclosure in NC:


North Carolina Property Disclosure Statement in 60 Seconds - YouTube
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Old 11-18-2013, 12:16 PM
 
Location: Ocala
478 posts, read 700,606 times
Reputation: 205
Quote:
Originally Posted by MikeJaquish View Post
What you just said is prejudicial and untrue.
Additionally, an agent cannot force a seller to disclose. The agent can only disclose what they know, or should reasonably know within the scope of their role.

Moreover, I am delighted to be in an informed position and able to offset internet inaccuracy and to help my fellow man in the pursuit of truth!

Here is the form from the NC REC:
http://www.ncrec.gov/forms/rec422.pdf


Here is a brilliant, insightful, and fundamentally accurate video regarding disclosure in NC:


North Carolina Property Disclosure Statement in 60 Seconds - YouTube
The video clearly sAys "sellers tell the truth" !!! Avoiding telling the truth by claiming "no representation" when the seller knows there are defects, either visible or hidden.....is not telling the truth. Maybe you can get away with this type of shady dealing in hillbilly land but it's lying anywhere else.
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Old 11-18-2013, 12:18 PM
 
3,633 posts, read 6,172,168 times
Reputation: 11376
Quote:
Originally Posted by Rakin View Post
Could the sales price already be discounted and reflect the condition of the house ?

A home sold 10-15% below market because it needs a few repairs may have the condition factored in the price.

My brother and his wife just bought a retirement home which they knew was going to need some work, but the house was priced accordingly and in a very beautiful neighborhood, so they were willing to take on the repairs. However, when they took possession of the house after the final walk through and closing, the seller had removed all the light bulbs, and even weirder, all the light switch and outlet covers! Since my brother was planning to sink some money into repairs, new carpets, etc., anyway, he just replaced them himself rather than make an issue out of it. Since the deal had closed it would have been more hassle and expense to force the seller to replace the items than it was worth.
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Old 11-18-2013, 12:29 PM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45637
Quote:
Originally Posted by Florida Gentleman View Post
The video clearly sAys "sellers tell the truth" !!! Avoiding telling the truth by claiming "no representation" when the seller knows there are defects, either visible or hidden.....is not telling the truth. Maybe you can get away with this type of shady dealing in hillbilly land but it's lying anywhere else.
Have you really ever worked in real estate?
The fundamentals and nuances seem to escape you entirely.

"No Representation" is unequivocally an absolute truth and supported by the law. All subjective interpretation of accurate disclosure of condition is removed from the document.
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Old 11-18-2013, 12:55 PM
 
10,599 posts, read 17,892,301 times
Reputation: 17353
Quote:
Originally Posted by artking09 View Post
After inspection, my attorney forward the list of all the broken things in this house to the seller's attorney. Today seller got back to me, saying he will not repaire all the broken things. For example, many windows have broken springs and/or decayed window frames, when you lift up the windows, then let go, the windows will just slam down like a guillotine, VERY DANGEROUS! The roof has many missing and damaged shingles, and is near the end of its service life. The kitchen sink disposal is not working, and we can see the dirty water clogging the sink during inspection. Unsafe construction of deck and electric wiring in the electrical control panel.......

How can this seller just refuse to repaire the so obvious broken and unsafe things? What should I do? I am a serious buyer, otherwise I would not spend time and money, and go thus far. But this unrealistic seller really sounds crazy. Should I just cancel the deal?
It's not crazy. Home buying doesn't mean everything is as you want it, it's "as is" and should be priced accordingly.

Retract your offer. Find another house. LOL I highly DOUBT a seller is going to fix all the windows or they'd do it BEFORE putting it on the market and have a higher asking.

I paid full asking for my condo and there were a few things on the inspection report I asked them to fix because I was new to the state and didn't know anyone. I did NOT want a credit on the price. They fixed them.

Nothing was petty. The outside AC unit tie down was broken. The AC shelf housing the unit was warped and sagging - something complicated to fix and the bifold doors wouldn't stay on the track and no way was I getting involved in so many doors and goofy handymen.

No brainer for them to fix this stuff for a cash sale quick close. A ROOF AND WINDOWS? LOL slightly different.
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Old 11-18-2013, 12:58 PM
 
Location: Salem, OR
15,575 posts, read 40,425,076 times
Reputation: 17473
Quote:
Originally Posted by Florida Gentleman View Post
It makes no sense not to address how repairs will be handled when some level of repair negotiations are common in most real estate transactions.
Sure it does. You just aren't used to that contract process so you don't see the benefit of not having it prenegotiated.
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Old 11-18-2013, 01:06 PM
 
10,599 posts, read 17,892,301 times
Reputation: 17353
Quote:
Originally Posted by Florida Gentleman View Post
It makes no sense not to address how repairs will be handled when some level of repair negotiations are common in most real estate transactions.
LOL no way.

WHY would I LOCK IN something in my inspection contingency when I could simply walk away.

If the seller is that paranoid and NEEDS to do that, they should have already HAD an inspection before listing the place.

I was a cash buyer, no house is irreplaceable - dime a dozen - buyers market - and all those platitudes. Sorry sellers! Do your maintenance or price your house correctly. Or find someone who is clueless and doesn't get an inspection.
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Old 11-18-2013, 01:46 PM
 
Location: Ocala
478 posts, read 700,606 times
Reputation: 205
Quote:
Originally Posted by MikeJaquish View Post
Have you really ever worked in real estate?
The fundamentals and nuances seem to escape you entirely.

"No Representation" is unequivocally an absolute truth and supported by the law. All subjective interpretation of accurate disclosure of condition is removed from the document.
As a matter of fact I was involved in real estate for over 25 years !!! You can use different adjectives as much as you please but knowing you have hidden defects but claiming no representation is not telling the truth.....it's a deliberate attempt to avoid telling the truth. Every buyer is supposed to receive "fair dealing" and if you call distorting reality by purposely avoiding telling the truth then I pity any of your clients.
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Old 11-18-2013, 01:53 PM
 
Location: Ocala
478 posts, read 700,606 times
Reputation: 205
Quote:
Originally Posted by runswithscissors View Post
LOL no way.

WHY would I LOCK IN something in my inspection contingency when I could simply walk away.

If the seller is that paranoid and NEEDS to do that, they should have already HAD an inspection before listing the place.

I was a cash buyer, no house is irreplaceable - dime a dozen - buyers market - and all those platitudes. Sorry sellers! Do your maintenance or price your house correctly. Or find someone who is clueless and doesn't get an inspection.
Perhaps your not understanding what I am saying. No one is locked into anything, however, both buyer and sellers are protected with a figure that represents a limit on cost of repairs. Should home inspection report repairs exceed $1500 then both the buyer and seller have the right to back out of the contract. If the seller agrees to repairs above $1500 and the buyer is happy with that then the deal moves forward.
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