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The advertisement calling the land "pristine" would probably be regarded as "puffery", which is a normal and accepted business practice, within bounds. And, in fact, pristine may be in the eyes of the beholder.Many people might well regard a property within proximity of a waterfall as desireable and relatively unspoiled, especially if they are moving to it from a highly urbanized area on the mainland. Does pristine mean frog-free, or does it mean, fresh and clean and near a beautiful waterfall? If I were representing defendant, I might point out that "pristine" is used in at least 43 MLS listings for vacant lots, including listings for vacant lots in Leilani Estates (not frog free) and Nanawale (frog heaven!). Obviously, "pristine" doesn't mean what it used to mean and people, including me, find such properties desireable.
The problem for plaintiff, of course, is the disclosure, which is mandated by Hawaii law, and which they do not dispute they received. As a result, they can only focus on the alleged false representations prior to entering into the contract as they will likely be charged with knowledge of the disclosure as of the date it was disclosed to them.
Good move though (if they had a choice) on making sure the action is heard on Ohau, and not on the East Side of the Big Island. People on the East Side are likely to have little sympathy for a party that enters in to contract in May on a $2 million property and somehow remains ignorant, even after written disclosure, of the presence of coqui frogs on the premises until September.
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Great post Glann. Yeah i'd venture a guess that the guy that hosts that "Save the Coqui" website may hold a different interpretation of the word "pristine".
Blessings,
dave
"Sometimes your the bug and sometimes your the windshield"
Edited by - Dave M on 09/20/2007 10:21:07
Blessings,
dave
"It doesn't mean that much to me.. to mean that much to you." Neil Young
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quote:
open season on what? pristine means pristine, and full disclosure means just that. noting that you are a real estate guy you should know it too! I applaud the buyers effort to get what they deserve, not accept what some underhanded real estate agent stuck them with.
I knew I would get a comment like that!  Actually, I was not judging the buyer and I was not judging the real estate agent/company either, I just relayed the info. All real estate companies have various "Coqui Addendum" attachments to the purchase contract here, so I don't think the buyer will prevail. My posting was much more for the reason of "open season on realtors" remark. There has been a huge increase of DCCA complaints filings against real estate agents and companies by buyers since the market turned south and I believe that is the real reason behind the mentioned lawsuit too.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
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quote:
There has been a huge increase of DCCA complaints filings against real estate agents and companies by buyers since the market turned south and I believe that is the real reason behind the mentioned lawsuit too.
Could be. You and most other RE agents were doing everything you could to convince people that the market would not turn south just a few months ago. Check out the long "decline in realestate" thread. I'm not one for rubbing salt into someone's wounds or kicking them when they are down but as I remember you were the loudest proponent of this view. It could be that people are upset because of this.
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When I bought my empty barren lot with no foliage in Seaview there were not any couqi in the area. I still had to sign the addendum.
What is pristine anyways? My Seaview lot has never had anything built on it so isn't it "pristine"? I hardly think anyone would use that word to describe it. When I think pristine I get this Garden of Eden type picture in my mind with all kind of wild life in it.
In reading the article it looks like these folks were developers. Is that right? If so you would think that a developer would have checked out everything about the land before entering the contract.
I think John hit the nail on the head. The market has slowed up and people are looking for a way out of pending deals.
Atlanta/Pahoa
Atlanta/Pahoa
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quote:
quote:
There has been a huge increase of DCCA complaints filings against real estate agents and companies by buyers since the market turned south and I believe that is the real reason behind the mentioned lawsuit too.
Could be. You and most other RE agents were doing everything you could to convince people that the market would not turn south just a few months ago. Check out the long "decline in realestate" thread. I'm not one for rubbing salt into someone's wounds or kicking them when they are down but as I remember you were the loudest proponent of this view. It could be that people are upset because of this.
Maybe you should check that thread again. I said there was no "bubble" and I also said there were good deals in every market, including this one. I personally bought two properties since 2005 and I keep smiling at those just standing by. Price adjustments are part of the real estate market, and always have been.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
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The transaction at issue here was entered into in May 2005, according to the article, which was before the market went over the cliff. Of course, there were many who were predicting as of then that it had nowhere to go but down, and by September 2005, when they cancelled, the developers may have been among them. We shall find out in court!
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John, It's law suites like this that are the very reason why we now use 8-16 page contracts and heaps on heaps of addenda.
Yep, disclosures are for this very reason. I wonder if this will ever make it to trial.
Blessings,
dave
"Sometimes your the bug and sometimes your the windshield"
Blessings,
dave
"It doesn't mean that much to me.. to mean that much to you." Neil Young
Thats the best way to rid of them - call a lawyer and sue them.
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Sue the coquies?!
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
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