Articles from April 2014

A LISTING AGENT IS NOT LIABLE TO THE BUYER FOR MAKING A STATEMENT OF FACT REGARDING THE PROPERTY THAT IS ACCURATE BUT OUTDATED. THE SELLING AGENT IS LIABLE FOR FAILING TO EXPLAIN IT.

Monday, April 21st, 2014

The buyer of an undeveloped parcel of real estate sued the seller, listing agent and listing broker when he discovered that the property he purchased was unbuildable even though the MLS description written by the listing agent stated a geologist report concluded it was buildable.  The listing agent failed to disclose in the MLS that the geologist report was 25 years old and outdated.  The court ruled that the seller and listing agent were not liable because the MLS statement was factually accurate.  However the selling agent was found liable because he failed to review the report and failed to inform his buyer the report was unreliable.Saffie v. Schmeling (2014) 224 Cal.App.4th 563

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