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#277959 - 02/25/09 06:16 AM Legal issues
babmukja Offline
Member

Registered: 09/24/07
Posts: 105
Loc: california, U.S.
Do any of you feel like you are not being protected?

Have you been in a situation where you are not sure what to do and, neither your boss nor supervisor can give you satisfying answers?
What can you do at this point? do you get real estat attorney to get legal matters straightened out? or do you try to solve the problem on your own with all the advises you got from various sources or people?

let me give you some examples.
we use winairform for most of our transactions and sometimes i come across a section where i dont know what to put in there.
when that happens, i turn to my boss for help and he just throws something that has no substance or he gives one or two advise and doesn't want to deal with it. It gives me an impression that he doesn't want to get involve in anythig that might be a problem down the road or leave everything up to me so that i'm the only one responsible for anything that might occur in the future.
alos, i feel very frustrated specially when it comes to addendum. The wording, technical apsect and the content to covered what i want touch upon. when i get something like this done with lease, my supervisor just looks at it doesn't tell me anything about it.
I can't seem to get completely satisfied every time i have a lease drawn up or deal with the lease from other side.

how do you deal with something like this?

here is another situation i just ran into.
the retail space i'm dealing with has asbestos up in the ceiling area and called the listing broker if he is aware of the situation. he knows about the asbestos and he also mentioned that it has been spayed and encapsulated. Called the air quality and they said that it's not going to be a problem if it's not disturbed. however, if the space is going to be nenovated, then talk with the landlord about possibly completely removing the asbestos.

I've mentioned this to my boss and he became furious not to deal with that space anymore and move on and find another space for my client.

My client wants to open a produce market and since it's related to food, would it be best to find him another space or have the landlord completely remove the asbestos.
we have been dealing with the space for some time and it would be too much to kill the deal at this point.
the air quality made it seem like it's not a big deal as long as it has been sprayed and encapsulated. he also mentioned that new buildings have asbestos too.

I've talked with my client about this and he wants go with my decision. however, he seems not bothered by the asbestos found in the space as long as it's not going to cause any harm.

has anyone have good advise on thoses issues i've talked about?

thanks

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#278034 - 02/25/09 11:12 AM Re: Legal issues [Re: babmukja]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8475
Loc: georgia
How old is this building??

Even if encapsulated it can fail going into the air and that's where it becomes harmful. Asbestos removal and cleanup can be expensive. I would not be comfortable having a food establishment or market anywhere near asbestos for a number of reasons. Before I got into real estate I was in the food business for over 10 years running my own restaurant.

To my knowledge brand new builds do not use asbestos anymore.

It really sounds like to me you need a new broker. If you are doing alot of leases there are companies in your area that specialize in this. They handle these issues everyday and resolve problems.

Your BROKER IS responsible for reviewing contracts and getting legal advice on things they do not know about.It just sounds like you have a broker who doesn't to handle problems.

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#278051 - 02/25/09 12:48 PM Re: Legal issues [Re: super realtor]
jpoey Offline
Member

Registered: 05/16/07
Posts: 208
Loc: Novi,MI
find new building and broker

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#278855 - 03/02/09 12:55 PM Re: Legal issues [Re: jpoey]
StarkRealEstate Offline
Member

Registered: 01/04/08
Posts: 65
Loc: Nevada, USA, Reno
This is tough because you are trying to do the right thing, and you are not getting any support.

Remember that the broker is typically responsible for any legal actions as you are simply an agent under his license. However, that doesn't mean that you don't have to take any heat if under fire. But your broker should be of more help because if you end up in a pickle, he/she does too! jpoey may be right that it is time to find a broker that is more helpful and concerned about both of your futures!

The main advice I would have for the second part is to request an environmental survey of a property you are concerned with asbestos & other health hazards. This may actually be required before a tenant like yours can get their business license. But the environmental survey should uncover any health issues that need to be remedied prior to occupancy. It also shifts the responsibility from you to the agency doing the survey to report all issues. You are not likely an expert on asbestos abatement so all you can do is have the experts come in and disclose the problems and refer a company that can bring it to compliance (which usually isn't cheap). Remember that all you can do is disclose what you know and recommend to your client to get experts out there find the rest.

Keep on doing the right thing, as it sounds like you are on the right track!
_________________________
Earl Peterson
Stark & Associates
Commercial Real Estate
Office, Industrial,
Retail & Investment Properties
Reno, Sparks & Northern Nevada
www.starktcn.com

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