Tag

misrepresentation

Is that Fire in the Fireplace Real or Virtual?

Virtual Staging Traps for the (Legally) Unwary [Editor’s Note: The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced. If you need legal advice, please consult an attorney.] If you’re a prospective home Seller, and your listing agent is using virtual photography...
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True or False: Realtors Can Prevent Homeowners From Committing Fraud on Their Seller’s Disclosure

“What Did the Seller Know, and When Did They Know It?” [Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.] At least in Minnesota, Realtors have an independent duty to...
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Misstating a Home’s Square Feet

Man Bites Dog — Real Estate Edition; or How Big is Too Big?* First, a stipulation:  in my experience selling residential real estate in Minnesota for over a decade, something like 95% of the time a listed property’s square feet on MLS is accurate to within a few percentage points, max, of the actual square feet....
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“Chutzpah,” Real Estate Edition: Hiding Behind ‘Information Deemed Reliable But Not Guaranteed’

MLS Caveats & Qualifiers “Chutz´-pah”:  killing your parents, then throwing yourself on the mercy of the court because you’re an orphan. I really wasn’t looking for more definitions of chutzpah, but I picked one up the other week nonetheless. Here it is:  ‘representing on MLS that a home is no longer subject to flood insurance,...
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Home Condition: What “Should” the Seller Know?

Test:  ‘Reasonableness’ To recover from their Seller for a home defect, Buyers must satisfy a two-part test. Namely, they must prove that:  1) the defect existed at the time the Seller sold them the home; and 2) the Seller either knew of the defect, or should have known. Which begs the question, “what should sellers...
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Selling Realtors’ Listings Back to Them (“Thanks, But ‘No Thanks,’ Google, Trulia, Zillow, etc.”)

Sowing Confusion Amongst Consumers [Editor’s Note:  see this for an update on how Edina Realty is responding to the practices(s) discussed in the following post.] Imagine if an apparel maker ripped out its competitors’ labels, attached its own, and sold the mislabeled clothing to consumers as their product? Or, consider what would happen if Panasonic slapped “Sony”...
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