Mediation Requirement Streamlined for Florida Homeowners Associations
Statutory changes in Florida have streamlined the mediation process required prior to litigation of certain disputes between homeowners and members. The aggrieved party now can contact the other party directly with a written offer to mediate as set forth in the statute and propose a choice of five certified mediators. Seeking mediation in this way tolls the statute of limitations. If the dispute goes on to litigation or arbitration, attorneys’ fees incurred in the mediation may be recovered by the prevailing party. But those who do not participate in the entire mediation process may not recover any attorneys’ fees or costs.
The News-Press (February 28, 2008); Fla. Stat. § 720.311
Jim W Hildreth-Mediator
www.RealEstateMediation.org
Monday, March 31, 2008
Saturday, March 29, 2008
Thats My Parking Space
Residents like to think they own the street in front of their houseBy DEREK J. MOORETHE PRESS DEMOCRATSaturday, March 29, 2008
On Vallejo Street in central Santa Rosa, a curious sign posted on a tree reads, "Parking for 1703 is across the street."
The sign reflects an ongoing parking dispute between neighbors in the pleasant subdivision near Brook Hill Elementary School.Never mind that Vallejo Street is a public thoroughfare, where anyone can park outside certain restrictions, such as the vehicle type and how long it stays.Legality aside, many people believe the street outside their homes to be reserved for their parking use only. And they can get mighty upset if someone dares violate that unwritten code."A person's home is their private domain, and people feel that way about their parking space in front of their house," said Cecilia Wilson, volunteer coordinator for Recourse Mediation Services, a Santa Rosa nonprofit agency that handles neighborhood disputes."When somebody infringes upon that, it's on the same level as a personal attack, like your private territory is being invaded."Leon James, a psychology professor at the University of Hawaii dubbed Dr. Driving because of his expertise on the subject of road rage and related issues, calls it a problem affecting "millions.""It's one of the little hassles of life that's very disturbing," he said.A parking dispute has taken center stage in the vandalism trial of Sebastopol City Councilwoman Linda Kelley, who prosecutors allege keyed a pickup outside her home because she considered the spot where the truck was parked to be hers.Kelley has denied the allegation.The case spotlights a common concern. More people than would care to admit harbor resentment at the sight of a vehicle that is not their own taking up space outside their home.Many believe that act violates the neighborly code that says the street outside a residence should be for that person and their guests.This applies more to suburban locales, where parking is often not the problem that it is in big cities, where people fight for whatever space they can find.Some view it as a matter of fairness. If your neighbors have so many vehicles that they can't fit them all in their garage or in the driveway, why should they take up the space in front of your abode?That appears to be one of the issues involved in the Vallejo Street standoff.Mark Davidson, who lives at 1703 Vallejo and is currently collecting unemployment, said he sometimes is forced to park vehicles on the street because he works on cars in his driveway. Two more cars occupy the garage.His neighbors across the street have sent letters to his landlord, who happens to be Davidson's father, complaining about the parking situation.Davidson said that in addition to the sign, the neighbors have left messages on his vehicles and those of friends saying they should be parked across the street."I think it's tacky. It's not their street," he said.The neighbors declined comment.Davidson admitted he left his sister's car parked in the contested spot for three days after the sign went up just to irritate the neighbors.But he insisted he's not done anything beyond that provocation and said he tries not to park there for more than an hour at a time.He was not receptive, however, to a reporter's suggestion that he create more space in his driveway as a way of breaking the impasse."There's plenty of room for neighbors to park here," he said.Acts of vandalism related to parking disputes are rare, Santa Rosa Police Sgt. Eric Litchfield said.He said most complaints police get are due to recreational vehicles, boats or other large vehicles taking up space on streets."I don't blame them," he said of angered residents. "You've got a 23-foot RV taking up four spots, plus it's sticking 8 feet out," he said.Wilson said she's fielded phone calls at the mediation service from people who are irate about parking issues with their neighbors.She recalled one man in particular complaining about a neighbor who parked all of his vehicles on the street to leave his driveway free.As with any dispute, Wilson said, resolving the issue is not a matter of who's legally right or wrong, but about getting the aggrieved parties to see the other person's point of view."That is really the basis of mediation, getting people to see how their actions are affecting somebody else. A lot of times, people have no idea," she said.The layout of Sebastopol's Eleanor Avenue, where Kelley lives, requires residents to try to get along.Some homes on the narrow street near Palm Drive Hospital don't have driveways or garages, forcing people to spread out."If you go there really early in the morning or late at night, man, there is no place to park," said Bill Anstead, who lives on the street and owns a local market. "I'm fortunate. I have two driveways and two garages where I park six cars."James, author of "Road Rage and Aggressive Driving: Steering Clear of Highway Warfare," said people can easily lose control if they let their feelings of anger and entitlement spiral out of control."You have to stop ruminating. That's the first rule," he said.James said he sees nothing wrong with discussing the issue with a neighbor, so long as it's done in a tactful way."If it doesn't work out, at least you are able to give it up more easily than if you hadn't tried," he said.
Jim W Hildreth-Mediator
www.RealEstateMediation.org
On Vallejo Street in central Santa Rosa, a curious sign posted on a tree reads, "Parking for 1703 is across the street."
The sign reflects an ongoing parking dispute between neighbors in the pleasant subdivision near Brook Hill Elementary School.Never mind that Vallejo Street is a public thoroughfare, where anyone can park outside certain restrictions, such as the vehicle type and how long it stays.Legality aside, many people believe the street outside their homes to be reserved for their parking use only. And they can get mighty upset if someone dares violate that unwritten code."A person's home is their private domain, and people feel that way about their parking space in front of their house," said Cecilia Wilson, volunteer coordinator for Recourse Mediation Services, a Santa Rosa nonprofit agency that handles neighborhood disputes."When somebody infringes upon that, it's on the same level as a personal attack, like your private territory is being invaded."Leon James, a psychology professor at the University of Hawaii dubbed Dr. Driving because of his expertise on the subject of road rage and related issues, calls it a problem affecting "millions.""It's one of the little hassles of life that's very disturbing," he said.A parking dispute has taken center stage in the vandalism trial of Sebastopol City Councilwoman Linda Kelley, who prosecutors allege keyed a pickup outside her home because she considered the spot where the truck was parked to be hers.Kelley has denied the allegation.The case spotlights a common concern. More people than would care to admit harbor resentment at the sight of a vehicle that is not their own taking up space outside their home.Many believe that act violates the neighborly code that says the street outside a residence should be for that person and their guests.This applies more to suburban locales, where parking is often not the problem that it is in big cities, where people fight for whatever space they can find.Some view it as a matter of fairness. If your neighbors have so many vehicles that they can't fit them all in their garage or in the driveway, why should they take up the space in front of your abode?That appears to be one of the issues involved in the Vallejo Street standoff.Mark Davidson, who lives at 1703 Vallejo and is currently collecting unemployment, said he sometimes is forced to park vehicles on the street because he works on cars in his driveway. Two more cars occupy the garage.His neighbors across the street have sent letters to his landlord, who happens to be Davidson's father, complaining about the parking situation.Davidson said that in addition to the sign, the neighbors have left messages on his vehicles and those of friends saying they should be parked across the street."I think it's tacky. It's not their street," he said.The neighbors declined comment.Davidson admitted he left his sister's car parked in the contested spot for three days after the sign went up just to irritate the neighbors.But he insisted he's not done anything beyond that provocation and said he tries not to park there for more than an hour at a time.He was not receptive, however, to a reporter's suggestion that he create more space in his driveway as a way of breaking the impasse."There's plenty of room for neighbors to park here," he said.Acts of vandalism related to parking disputes are rare, Santa Rosa Police Sgt. Eric Litchfield said.He said most complaints police get are due to recreational vehicles, boats or other large vehicles taking up space on streets."I don't blame them," he said of angered residents. "You've got a 23-foot RV taking up four spots, plus it's sticking 8 feet out," he said.Wilson said she's fielded phone calls at the mediation service from people who are irate about parking issues with their neighbors.She recalled one man in particular complaining about a neighbor who parked all of his vehicles on the street to leave his driveway free.As with any dispute, Wilson said, resolving the issue is not a matter of who's legally right or wrong, but about getting the aggrieved parties to see the other person's point of view."That is really the basis of mediation, getting people to see how their actions are affecting somebody else. A lot of times, people have no idea," she said.The layout of Sebastopol's Eleanor Avenue, where Kelley lives, requires residents to try to get along.Some homes on the narrow street near Palm Drive Hospital don't have driveways or garages, forcing people to spread out."If you go there really early in the morning or late at night, man, there is no place to park," said Bill Anstead, who lives on the street and owns a local market. "I'm fortunate. I have two driveways and two garages where I park six cars."James, author of "Road Rage and Aggressive Driving: Steering Clear of Highway Warfare," said people can easily lose control if they let their feelings of anger and entitlement spiral out of control."You have to stop ruminating. That's the first rule," he said.James said he sees nothing wrong with discussing the issue with a neighbor, so long as it's done in a tactful way."If it doesn't work out, at least you are able to give it up more easily than if you hadn't tried," he said.
Jim W Hildreth-Mediator
www.RealEstateMediation.org
Tuesday, March 25, 2008
March 25 2008 Testimonial
Hello Jim W Hildreth, Thank you very much for your expertise & professional Mediation Services. We were very impressed with your professionalism, knowledge and appreciated your prompt attention. Hopefully we won't have to use you again Ha! Ha! Thanks RB Real Estate Broker March 2008
Jim W Hildreth-Mediator
http://www.realestatemediation.org/
Jim W Hildreth-Mediator
http://www.realestatemediation.org/
Monday, March 24, 2008
Real Estate Mediation Blog By Jim W Hildreth
March 24 2008
New Real Estate Mediation Blog
Real Estate Mediation BlogFrom InmanWikiThere are may articles written about real estate; however, there are few about Real Estate Mediation.This is a new blog that will deal with real estate and disputes.Disputes can have many faces.Landlord-Tenant issuesContract Disputes, buyer-sellerNon-Disclosure IssuesBroker vs AgentHomeowner associationsProbateMoldRealtor DisputesConstruction-Related DisputesMediation is a process in which a "neutral" person -- the mediator -- helps parties reach a settlement to their dispute by opening lines of communication, objectively evaluating the case, identifying the parties' real needs and finding a solution to address those needs.Mediation is an [Alternative Dispute Resolution] process of exploring solutions and negotiating mutually acceptable resolutions.Unlike the legal process, mediation allows the parties to decide the fairest and most reasonable solution.However, mediation is voluntary and will not waive your rights to later pursue the matter legally.One excellent source for information is Mediate.com, which features extensive articles and the ability to locate a mediator in your own community.Many cities have local mediation panels that can be found via a local telephone directory or the Internet.Many courts also are developing mediation panels as an alternative to the litigation road.In the San Francisco Bay area, East Bay Mediation, located in Berkeley, has volunteer mediators and mediators who specialize in area of conflict resolution.In Modesto, Calif., Stanislaus County has trained mediators from the local bar association who partispate with the local Superior Court.Many states have a mediation clause both in the listing and buyer seller agreements that offer mediation as a first step, vs [Arbitration] (Binding or non-Binding) and [Litigation].Jim W Hildreth - MediatorRetrieved from "http://www.inmanwiki.com/Real-Estate/Real_Estate_Mediation_Blog"
New Real Estate Mediation Blog
Real Estate Mediation BlogFrom InmanWikiThere are may articles written about real estate; however, there are few about Real Estate Mediation.This is a new blog that will deal with real estate and disputes.Disputes can have many faces.Landlord-Tenant issuesContract Disputes, buyer-sellerNon-Disclosure IssuesBroker vs AgentHomeowner associationsProbateMoldRealtor DisputesConstruction-Related DisputesMediation is a process in which a "neutral" person -- the mediator -- helps parties reach a settlement to their dispute by opening lines of communication, objectively evaluating the case, identifying the parties' real needs and finding a solution to address those needs.Mediation is an [Alternative Dispute Resolution] process of exploring solutions and negotiating mutually acceptable resolutions.Unlike the legal process, mediation allows the parties to decide the fairest and most reasonable solution.However, mediation is voluntary and will not waive your rights to later pursue the matter legally.One excellent source for information is Mediate.com, which features extensive articles and the ability to locate a mediator in your own community.Many cities have local mediation panels that can be found via a local telephone directory or the Internet.Many courts also are developing mediation panels as an alternative to the litigation road.In the San Francisco Bay area, East Bay Mediation, located in Berkeley, has volunteer mediators and mediators who specialize in area of conflict resolution.In Modesto, Calif., Stanislaus County has trained mediators from the local bar association who partispate with the local Superior Court.Many states have a mediation clause both in the listing and buyer seller agreements that offer mediation as a first step, vs [Arbitration] (Binding or non-Binding) and [Litigation].Jim W Hildreth - MediatorRetrieved from "http://www.inmanwiki.com/Real-Estate/Real_Estate_Mediation_Blog"
March 24 2008
Phases of a Mediation
Mediation Conference
The following are the phases of a Real Estate Mediation.
1. Mediator's opening statement and questions. A review of the process, rules,
goals, the confidentiality and neutrality.
2. Parties initial statements or questions.
3. What are the issues?
4. Creation of an agenda.
5. Communication, feelings, thoughts and venting.
6. The Caucus (Private Meeting) with the parties to clarify needs, options and solutions.
7. Building an agreement. What may be workable.
8. Conclusion An agreement is reached & signed before leaving mediation or an agreement that
no further progress can be made.
The next step can lead to arbitration or litigation.
The mediation conference success is up to the parties and the williness to listen and the williness to work towards resolution.
The time process can be as short as an hour, a half day or longer.
My experience is that 2-4 hours is normal.
Of my past mediations, setttlement did occur and the dispute were successfull resolved.
Jim W Hildreth- Mediator
Mediating Real Estate Disputes
http://www.realestatemediation.org/
Phases of a Mediation
Mediation Conference
The following are the phases of a Real Estate Mediation.
1. Mediator's opening statement and questions. A review of the process, rules,
goals, the confidentiality and neutrality.
2. Parties initial statements or questions.
3. What are the issues?
4. Creation of an agenda.
5. Communication, feelings, thoughts and venting.
6. The Caucus (Private Meeting) with the parties to clarify needs, options and solutions.
7. Building an agreement. What may be workable.
8. Conclusion An agreement is reached & signed before leaving mediation or an agreement that
no further progress can be made.
The next step can lead to arbitration or litigation.
The mediation conference success is up to the parties and the williness to listen and the williness to work towards resolution.
The time process can be as short as an hour, a half day or longer.
My experience is that 2-4 hours is normal.
Of my past mediations, setttlement did occur and the dispute were successfull resolved.
Jim W Hildreth- Mediator
Mediating Real Estate Disputes
http://www.realestatemediation.org/
Sunday, February 4, 2007
Real Estate Mediation Can Be a Winner
Real Estate is a complex transaction and what happends if there is a dispute?In California including agents, buyers, and sellers will face a mazeof legal disclosures such as wells, septics, zoning, mold, water intrusions, naturalhazards, Megans Law, square footage, noise, mining sites, airports, home owners associationsor illegal drug activity.In addition easements such as utility or railroad may come to play.
If an error should occur or a dispute, Dispute Resolution is a part of most real estate contracts and between all parties such as sellers and brokers or buyers and sellers.
Dispute Resolution is broken into two areas Mediation & Arbitration.
The scope of this article is about mediation, a softer side of a conflict vsArbitration or long term litigation that is both finacially and emotionally draining for the partispants.Arbitration is binding and final and is enforceable by California Law.
What is mediation?Mediation is an opportunity to try and resolve disputes outside of court. Manydisputes that go to mediation are settled because the parties have control of the outcome.
In Mediation, the parties to the dispute are assisted by a person called a mediator.The mediator is "Neutral" and is not empowered to impose a deciscion, instead the mediator faciltates discussions and negotiation between the parties with a goal of reaching a mutually acceptablesettlement.Who should go to Mediation?Everyone should attempt mediation. But mediation can really help in most real estate transactions or in relationships such as landlord/tenant, neighbors, business partners, realtors vs realtors or buyers and sellers or consumer vs a contractor
.Advantages to mediation is that it is private and confidential and there is no public record.How much does it cost and who pays for it?The cost of mediation depends on a variety of factors.
As an example in Stanislaus and San Joaquin Counties the courts have set up mediation panels and may pay a portion of the dispute. many cities in California have set up private low cost mediation services. In many cases the cost is shared among the parties.
Where do you locate a mediator or mediation services? By looking in the local telephone directory under "Mediation," "Arbitration, " or "Dispute Resolution" or asking a local attorney or bar association.On line http://www.mediate.com/ has a web link for mediation specialist.Most Mediators are professionals who have attended training programs through conflict resolution studies in both colleges or private mediation groups. Pepperdine University, UC Berkeley and Stanford offer advanced work in conflict resolution.In most cases mediation is highly successful, in the event mediation does not resolve a disputes parties are free to pursue any other system of dispute resolution such as arbitration, or litigation.
Jim W Hildreth- MediatorMediating Real Estate Disputeswww.RealEstateMediation.org
Real Estate Mediation Can Be a Winner
Real Estate is a complex transaction and what happends if there is a dispute?In California including agents, buyers, and sellers will face a mazeof legal disclosures such as wells, septics, zoning, mold, water intrusions, naturalhazards, Megans Law, square footage, noise, mining sites, airports, home owners associationsor illegal drug activity.In addition easements such as utility or railroad may come to play.
If an error should occur or a dispute, Dispute Resolution is a part of most real estate contracts and between all parties such as sellers and brokers or buyers and sellers.
Dispute Resolution is broken into two areas Mediation & Arbitration.
The scope of this article is about mediation, a softer side of a conflict vsArbitration or long term litigation that is both finacially and emotionally draining for the partispants.Arbitration is binding and final and is enforceable by California Law.
What is mediation?Mediation is an opportunity to try and resolve disputes outside of court. Manydisputes that go to mediation are settled because the parties have control of the outcome.
In Mediation, the parties to the dispute are assisted by a person called a mediator.The mediator is "Neutral" and is not empowered to impose a deciscion, instead the mediator faciltates discussions and negotiation between the parties with a goal of reaching a mutually acceptablesettlement.Who should go to Mediation?Everyone should attempt mediation. But mediation can really help in most real estate transactions or in relationships such as landlord/tenant, neighbors, business partners, realtors vs realtors or buyers and sellers or consumer vs a contractor
.Advantages to mediation is that it is private and confidential and there is no public record.How much does it cost and who pays for it?The cost of mediation depends on a variety of factors.
As an example in Stanislaus and San Joaquin Counties the courts have set up mediation panels and may pay a portion of the dispute. many cities in California have set up private low cost mediation services. In many cases the cost is shared among the parties.
Where do you locate a mediator or mediation services? By looking in the local telephone directory under "Mediation," "Arbitration, " or "Dispute Resolution" or asking a local attorney or bar association.On line http://www.mediate.com/ has a web link for mediation specialist.Most Mediators are professionals who have attended training programs through conflict resolution studies in both colleges or private mediation groups. Pepperdine University, UC Berkeley and Stanford offer advanced work in conflict resolution.In most cases mediation is highly successful, in the event mediation does not resolve a disputes parties are free to pursue any other system of dispute resolution such as arbitration, or litigation.
Jim W Hildreth- MediatorMediating Real Estate Disputeswww.RealEstateMediation.org
Disclosure Reports
Sellers: Don't withhold bad inspection report
Hiding unfavorable information can backfire, spark lawsuitBy Dian Hymer, Monday, March 24, 2008.
Inman News
Inspections are an important part of home buying, but the inspection process can be nerve-racking for both buyers and sellers. Both parties want the deal to go through without a hitch. However, sometimes problems surface that the buyers weren't aware of when they entered into contract.
All houses have defects, even new ones. So it should come as no surprise when defects are discovered. The pertinent issues are: Is there a problem? How serious is the problem? How much will it cost to repair?
A home inspector may have a contractor's license. But, few inspectors also are engineers, architects, and plumbing, heating, roofing, wood pest (termite) and drainage contractors. Nor are they pool, spa, sprinkler or security-alarm specialists. For this reason, most home inspection reports are loaded with disclaimers and recommendations to contact the appropriate specialist to evaluate the severity of a problem.
HOUSE HUNTING TIP: It's highly recommended that buyers follow up with further inspections, and get estimates to repair defects that are a concern before removing an inspection contingency. An inspection contingency protects the buyers, but only if they carry through and complete necessary inspections.
Don't be surprised if a second opinion confuses rather than clarifies an issue. For example, a home inspector might be concerned about the internal mechanics of an older furnace. And, he may not have the expertise necessary to say with confidence that there is no problem. So, he recommends that the buyers consult with a licensed heating contractor.
Just because an inspector suspects there might be a problem doesn't mean that one exists. Several years ago, buyers of an older home in the Oakland Hills east of San Francisco were advised to have a heating contractor check the furnace because the home inspector thought it might need replacing for safety reasons. A furnace with a cracked heat exchanger leaks carbon monoxide fumes that can be deadly.
The buyers called in a heating contractor who inspected the furnace and said that it needed replacing. The buyers were disappointed, but wanted to continue with the sale. So they asked the sellers to share in the expense of a new furnace.
The sellers weren't convinced that the furnace needed replacing. And they didn't want to contribute to the cost of a new one if it wasn't necessary. They contacted a second reputable furnace contractor who inspected the furnace and said it was fine and didn't need replacing.
To resolve the dispute, the buyers and sellers agreed to call in an inspector from the local utility company who would have red-tagged the furnace and put it out of commission if it was dangerous. The verdict was that the furnace was fine and had years of life left.
More and more, sellers are having their homes inspected by professionals before putting their homes on the market. This is done so that sellers have an opportunity to make repairs before marketing or for disclosure purposes.
It is risky for sellers to hide a bad report from buyers. There have been cases where sellers chose not to give the buyers a report they didn't like. Later, the buyers coincidentally called in the same contractor for an opinion who informed the buyers that they had already done a report on the house for the sellers.
Lawsuits have resulted from sellers withholding detrimental reports, although disclosure laws vary from state to state. Check with a knowledgeable real estate attorney for answers to questions about a seller's disclosure obligations.
THE CLOSING: Sellers who aren't pleased with a report should consider getting a second opinion and disclose both reports to the buyers.
Dian Hymer is author of "House Hunting, The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide," Chronicle Books.
Jim W Hildreth
www.RealEstatemediation.org
***
Hiding unfavorable information can backfire, spark lawsuitBy Dian Hymer, Monday, March 24, 2008.
Inman News
Inspections are an important part of home buying, but the inspection process can be nerve-racking for both buyers and sellers. Both parties want the deal to go through without a hitch. However, sometimes problems surface that the buyers weren't aware of when they entered into contract.
All houses have defects, even new ones. So it should come as no surprise when defects are discovered. The pertinent issues are: Is there a problem? How serious is the problem? How much will it cost to repair?
A home inspector may have a contractor's license. But, few inspectors also are engineers, architects, and plumbing, heating, roofing, wood pest (termite) and drainage contractors. Nor are they pool, spa, sprinkler or security-alarm specialists. For this reason, most home inspection reports are loaded with disclaimers and recommendations to contact the appropriate specialist to evaluate the severity of a problem.
HOUSE HUNTING TIP: It's highly recommended that buyers follow up with further inspections, and get estimates to repair defects that are a concern before removing an inspection contingency. An inspection contingency protects the buyers, but only if they carry through and complete necessary inspections.
Don't be surprised if a second opinion confuses rather than clarifies an issue. For example, a home inspector might be concerned about the internal mechanics of an older furnace. And, he may not have the expertise necessary to say with confidence that there is no problem. So, he recommends that the buyers consult with a licensed heating contractor.
Just because an inspector suspects there might be a problem doesn't mean that one exists. Several years ago, buyers of an older home in the Oakland Hills east of San Francisco were advised to have a heating contractor check the furnace because the home inspector thought it might need replacing for safety reasons. A furnace with a cracked heat exchanger leaks carbon monoxide fumes that can be deadly.
The buyers called in a heating contractor who inspected the furnace and said that it needed replacing. The buyers were disappointed, but wanted to continue with the sale. So they asked the sellers to share in the expense of a new furnace.
The sellers weren't convinced that the furnace needed replacing. And they didn't want to contribute to the cost of a new one if it wasn't necessary. They contacted a second reputable furnace contractor who inspected the furnace and said it was fine and didn't need replacing.
To resolve the dispute, the buyers and sellers agreed to call in an inspector from the local utility company who would have red-tagged the furnace and put it out of commission if it was dangerous. The verdict was that the furnace was fine and had years of life left.
More and more, sellers are having their homes inspected by professionals before putting their homes on the market. This is done so that sellers have an opportunity to make repairs before marketing or for disclosure purposes.
It is risky for sellers to hide a bad report from buyers. There have been cases where sellers chose not to give the buyers a report they didn't like. Later, the buyers coincidentally called in the same contractor for an opinion who informed the buyers that they had already done a report on the house for the sellers.
Lawsuits have resulted from sellers withholding detrimental reports, although disclosure laws vary from state to state. Check with a knowledgeable real estate attorney for answers to questions about a seller's disclosure obligations.
THE CLOSING: Sellers who aren't pleased with a report should consider getting a second opinion and disclose both reports to the buyers.
Dian Hymer is author of "House Hunting, The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide," Chronicle Books.
Jim W Hildreth
www.RealEstatemediation.org
***
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