I hate disclaimers like this

[EightFingers]

...it's based on contract law...I believe* that one must be "at the age of majority" (depends on the state) to enter into a binding contract.

*This is my own opinion which may not have any basis in fact!

[missydog1]

Fishboy, how about this real estate disclaimer used by Kohala Pacific?

quote:

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Actual square footage of subject property may not match square footage of county records. Buyer and Buyer's agent agree to satisfy themselves as to actual land area and any structures. All parties also agree that Kohala Pacific Realty and it's agents are not responsible for the accuracy of square footage of land area or improvements.

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[John S. Rabi]

There are real estate agents that do the work and there are real estate agents that expect others to do the work. I don't think a "disclaimer" like you quoted Kathy would ever hold up in court.

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]

Kathy,
I've seen disclaimers similar to that one, but they usually include a description of the property as having unpermitted construction. A lot of those in the Ocean View listings.

John,
What about this disclaimer would not be upheld in court? Assuming the disclaimer includes a statement regarding unpermitted construction, what kind of statement would be better to advise someone looking for real estate that a property has problems?

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

[John S. Rabi]

quote:Originally posted by Fishboy


John,
What about this disclaimer would not be upheld in court? Assuming the disclaimer includes a statement regarding unpermitted construction, what kind of statement would be better to advise someone looking for real estate that a property has problems?


Disclosure and disclaimer are two different things. Hawaii has an "Imputed Knowledge" law, meaning if the Seller knows the agent know it too. Just because the Seller didn't tell something about the property to the agent it doesn't mean the agent is home free. That's where the lazy agents come in. (Of course the agent/brokerage could always sue the Seller for nondisclosure.)

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!"

[StillHope]

quote:

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Originally posted by John S. Rabi



...if the Seller knows the agent know it too. Just because the Seller didn't tell something about the property to the agent it doesn't mean the agent is home free..

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...but will be home free after he posts the bail.

( King Stallman)