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#27744 - 09/10/05 11:33 AM disclosure ethics
Anonymous
Unregistered


We are selling a waterfront condo in SC. Damage was done to the exterior wall system by last years hurricane. An engineer was hired by the Homeowners Association to determine the extent of the damage. The engineer determined the damage was not done by the hurricane, so this was not covered by the insurance.
At first the Homeowners Association considered litigation against the original contractor. They decided against that. I am not sure why, this only occured a few days ago. They now have hired a structural engineer.
We listed our property for sale 3 months ago. The agent who had sold 2 properties to relatives and was happy and of course said he could sell the unit,information given to us by the Homeowners Association and we filled out a disclosure form was given to him.
Now three months later I only speak to him when I call him. I should add he had another oceanview unit on the same floor as ours.
He is now saying that he got two offers on the other unit, but people back out immediately when they see the disclosure info. He is also telling me that he knew of a building with a similar problem years ago and they had a special accessment of 40,000 to 90,000 to repair the problem. He is not an engineer-does not know how similar the problems are in scope. Nor has he seen the original engineers report. This is pure opinion on his part and not educated opinion.

I cannot prove this, but I am afraid he is passing on his opinion to prospective buyers. He is ranting he does not want to be sued. I think this is totally unprofessional and unethical. He is also telling us the only way we can sell is to agree before hand to agree to pay the accessment, even though we have no idea what it will be or if there will be one.
What is more important it that every unit that has been listed in the building has sold and for full price, except for the two listings he has. Ours is not overpriced and is in keeping with the other units. I should add these sold units were listed around the same time or after ours was listed.
Any feedback you can give me will be greatly appreciated.

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#27745 - 09/10/05 07:40 PM Re: disclosure ethics
rwilson99 Offline
Member

Registered: 09/04/05
Posts: 479
Loc: Tampa, Florida
Find out a couple of things about the HOA.

What is in escrow to handle the damages involved?

How will they proceed after the engineer determines the nature of the damage?

Ask your agent if he would agree to an unconditional withdrawal of the listing. If he does not believe in the quality of the product (your condo) he shouldn't be in the business of selling it.
_________________________
Robert Wilson
Keller Williams Tampa

I am not a laywer, and I can't even spell very well.

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