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Re: ACTC post# 39233

Friday, 02/18/2011 3:37:47 AM

Friday, February 18, 2011 3:37:47 AM

Post# of 76214
GO GDHI, nonetheless... I dont understand? your property that was sold to your client apparently went through escrow? and on the Purchase agreement states that ie; any violations that are imposed on property should/must/shall be paid off/exonerated or whatever GONE! no encumbrances or clouds on the title, before the close of escrow has taken place. If the selling party did not bring that violation forward on contract, then the selling party is still responsible for it up to 10 years or 2 years after the date of completion of improvement letter has been recorded. Regardless, If it had outstanding violations, most likely written up by the city as some code violation, there would have been a 2 weeks to a maximum of 90 days window inwhich the previous seller would have still obtained the notice, otherwise city officials would have came back to the home or property and posted a property violation notice on the property within that window? and if that window closed, the city would have started to impose daily fines until the matter was taken care of!. And if the buyer missed it during escrow period, then you missed it if you were the agent, and your broker missed it and your escrow missed it, therefore one or all of you three could be responsible for your lack of due diligence? also the property is always sold with a title insurance would have covered any liens and would be paid by the Seller. The NAR states that a Breach of Contract claim, which must be brought within 4 years of the date of breach, I dont know if you are or were a Real Estate Salesperson at that time, but on a Residential/Land Purchase Agreement Form approved by the National Association of Realtors and issued by the DRE. The form would have on the contract "no violation notices of codes, laws, or other regulations issued or filed against the property" during the initiation of the contract?
If it did and the seller didnt put it down then hes responsible!, If after escrow closed and the city sent the previous seller the complaint forms, notices or fines and the seller didnt forward it to the new buyer then the seller could be up for Federal charges of mail fraud.
Also the sale would have not been made because the assessment office would have caught that before it went to recording!
I got into Real Estate because of shoddy businesses as your story explained, Uncaring loopholes that screwed the buyer! GO GDHI
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