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Interesting New York Times article sent to me by a friend.


By DAVID STREITFELD
Published: January 22, 2008

CARLSBAD, Calif. — Marty Ummel feels she paid too much for her house. So do millions of other people who bought at the peak of the housing boom.
What makes Ms. Ummel different is that she is suing her agent, saying it was all his fault.
Ms. Ummel claims that the agent hid the information that similar homes in the neighborhood were selling for less because he feared she would back out and he would lose his $30,000 commission.   Read the entire article>

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As a real estate attorney in Chicago I find the issue both disturbing and intriguing. Disturbing because it seems to be part of a trend to blame other people for your own choices or for market trends outside their control. Intriguing because Illinois is also vague as what duties on price an agent has. Do/will real estate agents need a disclosure form describing their pricing expertise and the limits thereof?
I was wondering when someoone would figure out that the realtors are not clean. Our broker was from Remax and they lied all the way. I would like to be informed about this one. Why did they not tell us that we were involved with a preditory lendor? It is not fair? This is like when Jimmy Carter was in office and person in the South did business based upon their word. Who announced that a broker was a used car sales person? Then that the realtor was in bed with the broker, and yes the appraiser new better than anyone when the market was getting shakey. Credit reports, they have two sets of standards. One for Whites and another for non Whites. America was built on the blood and sweat of indutured servants/slaves.

Well, Anon, I don't know that I'd come to the same conclusion about realtors, in general, not being clean on the basis of this single case.  I think buyers have a duty, themselves, to scrutinize the value of any transaction on which they are making an offer.  Numerous contingencies exist--including an appraisal contingency--to protect both parties.  And, the jury's still out on the culpability of the agent... or the buyer.

This case does, however, raise an interesting thought about perhaps agents considering the value of getting buyer signatures on the CMA as part of the transaction folder. 

I have no idea what the merits of this case are; however, I think buyers need to be aware that you are responsible for your own buying decision. Look at all the listings on Realtor.com, keep flyers, call on listings, request sold comps, etc. to get a good feel for the value of a property. Even if Ms. Ummel wins, she has spent $75,000 upfront (which may or may not be reimbursed) and probably hundreds of hours of personal time on the lawsuit. Had she done her homework, she could have avoided buying the house in the first place.
It will be interesting to see what the ruling is.

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