查德·温泽尔斯普拉特、李·桑托斯著
E&O案例研究:井水不足时
一个2021十大正规彩票app经纪人列出了一个从井里取水的房子. 据上市代理介绍, the seller claimed that the well produced an adequate water supply and had no problems with water quality. The buyer was interested in purchasing the residential property for his family, 但对油井有顾虑.
买方的代理人将这一信息转达给买方. 然而，买方的家庭比卖方的家庭要大得多.
在占有财产之后, the buyer quickly discovered the water production from the well could not support increased consumption from bathing and laundry. 产水量减少了，买家不得不再打一口井.
这个错误
上市代理以为他知道买家的需求. He failed to consider the size of the buyer’s family and should have recommended the buyer have the well independently tested.
买方对上市代理和卖方提起诉讼. An independent test of the well and the water determined that there was an elevated level of bacteria in the water.
钻了一口新井, 最终，买方以20美元的价格与卖方和代理达成和解,000, 加上律师费.
如何降低风险
在基于假设的陈述中, you may be putting yourself at risk for litigation if your representations are perceived as being untruthful at a later time.
If water production tests yield certain gallons per minute, that should be represented. Always recommend the buyer hire an independent source to verify the information, 记录你的2021十大正规彩票app. This will go a long way in removing any perception of deceit and also transfer the risk of litigation to another party. 另外, 一次油井检查可能会导致其他环境危害的发现, 比如地下储罐.
在这种情况下, contaminated water can involve significant expenditure if clean water has to be delivered to maintain the property’s legal occupancy.
CIC的查德·温泽尔·斯普拉特 是珍珠保险公司的高级客户经理, TAR错误和遗漏风险管理合作伙伴. 李桑托斯 是XL Catlin的高级理赔专员兼客户管理总监吗.
我们当地的一个董事会形式专门处理这类事情. It very clearly states that 经纪人 are NOT inspectors and questions about the property and it’s condition should be addressed with a licensed inspector.
这是一个有用的形式. The only problem is it doesn’t help if you make a “representation” about the property that turns out not to be true.
在这种情况下，为什么买方的代理可以摆脱困境? 信息被传递给了买方, 但卖方和房源代理都有错，最终以20美元和解,000 +律师费? 我不理解“买方代表”吗??
The seller and listing agent were the ones who made the representation which the buyer relied on. We don’t know whether the buyer’s agent advised getting an independent test but even if not, 是否把代理人包括在内是买方的选择. 在这种情况下，他们似乎没有这样做，其他人也没有权利这样做.
我同意诺曼的观点. What in the world is a buyer’s agent doing if not protecting the interests of their client and performing their due diligence? 那是他们的工作! 在我看来，这是买方代理的错. 不幸的是, I’ve seen too many instances where buyer’s agents perform their duties in a very minimal way.
你知道那个代表是什么吗? Assuming the Seller honestly disclosed what they knew about the past and current conditions of the property, 什么是重大失实陈述? 显然，这里缺少了很多东西. You don’t believe there is a duty for the Seller and Seller Broker to advise a Buyer (with a larger or smaller family) that the home may not be appropriate for them, 基于空间的大小, 卧室和浴室等的数量? 这有可能违反公平住房吗. 关于现场下水道设施的大小，年龄，未知的情况呢.… 阅读更多»
Join the discussion We see that in some instances buyer’s agents are not sought after by the buyer’s making claims due to personal relationships or contrite on the buyer’s part. 然而, once in litigation surrounding circumstances as noted here buyer’s agents are often brought into the case via cross/counter claims and/or amendments to the pleadings.
Join the discussion In this instance the buyer’s agent may not have had the resources to contribute to the resolution and economically the matter resolved as such. 同意买方代理承担部分责任.
Whenever a property has a well or a septic system I always have my buyer get them inspected. 它确实花费了买家更多的钱，但它已经得到了不止一次的回报.
What was the actual representation from the Seller/ Listing Broker to the Buyer’s Broker/ Buyer? 是书面的还是口头的? 这是卖方信息披露的一部分吗? Did the Seller or Listing Broker claim something in addition to what may or may not have been disclosed in the Seller Disclosure documents? Did the Seller represent that the water supply on the property was adequate and safe (in other words, 卖方作为该物业的所有者所知道的, 并且是州法律所要求的), 假设他们没有在声称自己知道的事情上撒谎, 材料是什么?… 阅读更多»
买方责任是怎么回事?.不仅仅是代理人. The seller was not a well expert and he and his agent should not be held responsible for something they knew nothing about. The buyer having discovered the issue does not reduce the consumption but rather sues and gets a new well.
加州不动产法，我们来了!
E是&保险涵盖卖方及/或卖方代理人的结算金额?
Thanks for the tip about hiring an independent source to verify the water levels. 我丈夫和我打算今年买一套新房子. We’re thinking about 购买 a home that has a water well so we can get high-quality drinking water.