I hate disclaimers like this

[John S. Rabi]

quote:

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Originally posted by KathyH


John, is it still true that disclosure isn't required for vacant land?

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That is correct. Regardless, the policy of my company is to have the Seller fill out the Sellers Disclosure Statement regardless. It reduces the liability to both the Seller and and the Broker.

Aloha,
John S. Rabi, GM,ARB,BFT,CM,CBR,FHS,PB,RB
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[oink]

Putting a disclaimer on every listing is simply being prudent. It has nothing to do with laziness, honesty or competence. In Fl it is put on every listing automatically by the MLS. Having a seller fill out a disclosure is being prudent even when it's not required. It also helps to relieve liability from the Realtor by having the disclosure in writing, but does not protect a buyer from a potentially dishonest Realtor or seller. Making the disclosure part of the contract gives the buyer recourse and a bit more protection. Due diligence, to include an inspection by a competent inspector, is still the best protection by far. Remember the disclosure is only as good as the honesty of the seller. The Realtor may be liable if he/she discovers a problem not disclosed by the seller and doesn't reveal it to the buyer. Don't get hung up on a disclaimer used for protection from unforeseen events not in the control of the Realtor. It has nothing to do with the Realtor's laziness, competence or honesty. In any MLS you will find property descriptions with all the data fields completed, and in others just the minimum to satisfy MLS requirments. That may reflect the laziness, or not, of the listing Realtor. Always get an inspection and always get title insurance. Get to know your Realtor. If you don't feel comfortable with him/her, get another one. Otherwise show some loyalty to the Realtor and they will usually return it.

Pua`a
S. FL
Big Islander to be.

[JWFITZ]

In Hawaii, especially, as non disclosure can really come back to bite a seller. The laws are very protective.

By the way, for example, since my subdivision has no fire protection whatsoever, should that not be disclosed by a potential seller? Isn't it a potential liability if it is not disclosed?

Can you get any sort of insurance in an area without fire protection?

Can you get a mortgage without insurance?

[Seeb]

what subdivision, everyone cover by the county. your ISO rateing depends on response time, available water supply and things like that

[mella l]

Here is a Hawaiian disclaimer on a state website
July 2006 Disclaimer heading the Plant Quarantine Website
Hawaii’s Animal Quarantine Laws

DISCLAIMER

Use of the information and service is at the sole risk of the user. The Department of Agriculture makes no warranty or representation of any kind, express or implied. The department provides access to agricultural-related information and services on an "As Is" basis, and it shall not be liable or held responsible: for any unintentional omission, addition, or error in or loss of service or data; for any breakdown, interruption, or delay in service; or for any other failure or inability of the department to provide services or data directly or indirectly from any cause or circumstances.
As the information and services on this web site are continually under development, all documents, including database and pdf files, and the information in them that are made available on this web site are made to the of our knowledge and the department shall not be liable for any losses caused by the user's timeliness

What company would want to do business with anyone who has this disclaimer as a heading to their website! LOL


mella l

[Fishboy]

That's a great disclaimer, Mella. Maybe we can stir up some competition for who can find the longest statement. I'd rather not, because like oink said, hands down most any prescription disclaimer would be pages and pages.

Aloha pumehana,
Brian and Mary
Lynnwood, WA\Discovery Harbour

[John S. Rabi]

Competition won! The longest is from American Airlines!
http://thelongestlistofthelongeststuffat...ng195.html

Aloha,
John S. Rabi, GM,ARB,BFT,CM,CBR,FHS,PB,RB
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[Fishboy]

LMAOROTF[] Thanks, John. I really would've expected a prescription disclaimer to outdo that. I get Newsweek mag and they have inserts from time to time that relate to health and such. I recall an ad for some drug on one page, followed by two pages of disclaimer in itty bitty type font. Who has the time or inclination to read all that?[!]

Oh, and I should, in my most humble way[8)], mention that the Worlds Longest Disclaimer web page could use a spellcheck.

Aloha pumehana,
Brian and Mary
Lynnwood, WA\Discovery Harbour

[StillHope]

From the disclaimer:

"By using the Site, you represent and warrant that you are 18 years of age or older .."

What kind of service they provide? XXX?

[John S. Rabi]

quote:

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Originally posted by StillHope

From the disclaimer:
"By using the Site, you represent and warrant that you are 18 years of age or older .."
What kind of service they provide? XXX?

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I didn't know you have to be 18 for that kind of stuff! You mean you can have sex at 17 but it has to be XXX-free?! []

Aloha,
John S. Rabi, GM,ARB,BFT,CM,CBR,FHS,PB,RB
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"