Burn That Belly
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Horiike, who signed an advisory saying the broker was not responsible for verifying square footage, bought the property without further investigating its size, according to court records.
HMart said:While the buyer may not have a legal case due to signing away his rights, I would expect that the professional association censure the listing agent for misrepresenting the property. Did that happen in this case? Thousands of missing sq ft...
Burn That Belly said:rkp said:It looks like the agent didnt put any sq ft in the MLS and the 15K sq ft was on a marketing flyer. Not clear on who created that flyer and how they got the 15K number from.
Wouldn't the flyer constitute misrepresentation then? bait n switch.
rkp said:The buyer should have read what he signed and should have done his own due diligence. At same time, this agent should lose his license just for the bolded statement alone.
https://therealdeal.com/la/2018/04/...zo-testifies-in-dual-agency-transaction-case/
Cortazzo, who testified on March 28, said he verbally disclosed any square footage discrepancies to Horiike during property tours, according a court transcript obtained by TRD. The plaintiff?s lawyer pressed Cortazzo on why he advertised the square footage as ?15,000 square feet of living areas? on a property brochure when public records list the property at 11,050 square feet with 9,434 square feet of living area.
?I?m still confused as to what living area means,? Cortazzo replied. ?I think there are so many different ways to discuss living area, so I don?t [know.]?
Cortazzo also acknowledged listing a different square footage than the one found on public records roughly for about 10 percent of the ?thousands of listings? he said he?s had in his 23-year career, according to the transcript. When plaintiff inquired if he had sold all of these listings, Cortazzo quipped, ?don?t underestimate me.?
Kings said:rkp said:The buyer should have read what he signed and should have done his own due diligence. At same time, this agent should lose his license just for the bolded statement alone.
https://therealdeal.com/la/2018/04/...zo-testifies-in-dual-agency-transaction-case/
Cortazzo, who testified on March 28, said he verbally disclosed any square footage discrepancies to Horiike during property tours, according a court transcript obtained by TRD. The plaintiff?s lawyer pressed Cortazzo on why he advertised the square footage as ?15,000 square feet of living areas? on a property brochure when public records list the property at 11,050 square feet with 9,434 square feet of living area.
?I?m still confused as to what living area means,? Cortazzo replied. ?I think there are so many different ways to discuss living area, so I don?t [know.]?
Cortazzo also acknowledged listing a different square footage than the one found on public records roughly for about 10 percent of the ?thousands of listings? he said he?s had in his 23-year career, according to the transcript. When plaintiff inquired if he had sold all of these listings, Cortazzo quipped, ?don?t underestimate me.?
That's legalspeak for not incriminating yourself.
Kings said:HMart said:While the buyer may not have a legal case due to signing away his rights, I would expect that the professional association censure the listing agent for misrepresenting the property. Did that happen in this case? Thousands of missing sq ft...
As an agent in any kind of sale, you're typically using the best available information that you have. It's not the agent's job to measure the square footage or count the number of screws. The buyer dropped the ball during their due diligence period by 1) not checking permits to ensure all additions to the property were properly added, 2) not getting an appraisal, and 3) not reviewing any as-built plans.
freedomcm said:Kings said:HMart said:While the buyer may not have a legal case due to signing away his rights, I would expect that the professional association censure the listing agent for misrepresenting the property. Did that happen in this case? Thousands of missing sq ft...
As an agent in any kind of sale, you're typically using the best available information that you have. It's not the agent's job to measure the square footage or count the number of screws. The buyer dropped the ball during their due diligence period by 1) not checking permits to ensure all additions to the property were properly added, 2) not getting an appraisal, and 3) not reviewing any as-built plans.
As someone employing a buyer's agent for $250k, I would expect them to check the permits, arrange an inspection, arrange an appraisal.
The point is - if the agent can't see a 5000sft difference himself then he is a fraud and the jury should have found him as such or any Realtor License Board should revoke his licenseirvinehomeowner said:This is an old story but if the buyer can't see a 5000sft difference himself, he needs to get an optometrist not a lawyer.
irvinehomeowner said:I think we listed our 2475sft home as 2500sft... will I get sued?
This is an old story but if the buyer can't see a 5000sft difference himself, he needs to get an optometrist not a lawyer.