Every Real Estate Pro who guides Sellers and Buyers knows
all about DISCLOSURE rules. Right ???
Every Real Estate Pro who enters into a Listing to Sell a Property
provides their Seller an accurate description of Seller Disclosure Responsibilities, Right?
Every Real Estate Pro who presented anything other than that
on the home page of this website is GUILTY of some serious poo, too?
Right.
Never forget how to gather evidence when involved in a "Broken Brokerage Transaction". It will come in handy when it needs to...
HUH?! Who knew?
Counties in California define their own disclosure requirements!!
What Legal Authority exists at the County Level to create and manage
Disclosure Rules and Laws for the County?
OH POOP!!! OH POOP!!! OH POOP!!!
THAT IS POOP SHE JUST STEPPED INTO WITH BOTH SHOES.
What Authority in each county in California is setting Disclosure Processes?
Does CA 1102 mean anything to her anyone else ?
Why is she side tracking about when a seller might have a full disclosure packet,
and should that be concerning anyway? If so when and when not?
Why did she NOT reference Clause 13B and its relationship to CA 1102?
That's one that indicates Transfer of Title Transpires at time of Contract Acceptance AND
the one that says statutory disclosure document's are due prior to Transfer of Title.
The Statutory Disclosure Presenation AFTER Contract Acceptance is the one
that makes no sense even in a Bowl of Fruity Pebbles AND
that's the one that transpired in our Transaction in in inverted manner that is
required by Law, Logic, and every Real Estate Fairy ever to flutter wings in a purchase transaction to have happened PRIOR TO Contract Acceptance!
And she and the 40 year agent acting as our Tranaction Coordinator did what?
And they not only looked past that but they also looked past "patently incomplete"
Statutory Disclosure documents when presented out of order too?
OH POOP!!! OH POOP!!! OH POOP!!!
THIS SH-T IS ALL OVER THEIR SHOES, AND HANDS, AND FACES NOW, TOO!!
For those wondering about “Transfer of Title” at time of Contract Acceptance... ,
Clause 13B, as written, is correct. It's worth a conversation to understand how the Title Transfer process works as it is not overly intuitive. Once explained it makes sense. A Real Estate sale is not like any other standard commercial transaction I’m familiar with. The title transfers before all due diligence is done. It’s required given the complexities related to obtaining Financing, preparing Deeds. Clearing liens as well as time for the Buyer to confirm Seller Disclosure statements.
Why are 440,000 Licensed Real Estate Agents, a subset of 270,000 Attorneys,
and Mediation Company owners
who handle Real Estate Disputes in California
all trying to use a contract and settle disagreements with:
1) a contract that suggests ALL Disclosure documents can be delivered AFTER a buyer takes title
2) a contract withOUT procedural instructions for discovery of material defects during Escrow and
3) a contract that suggests a Buyer must free a seller of liability for all defects known at time of
Condition Contingency removal, contrary to long standing CA Case Precedent?
Why are ALL OF YOU Dealing in such Bad Faith?
Why are you doing it in such an Open Manner?
The California Contract, as it is written,
details the importance of Disclosure Statements
and even references CA 1102 by number,
yet the process outlined suggests a FULL NULLIFICATION
of the entire theory and process of Disclosure?
Who started this HOAX?
Why are 440,000 Professionals and the Attorneys that Support them participating in this,
while grossly violating the rights of their neighbors and friends?
Who still thinks participating in this was a good idea?
The suggestion that a Seller is not required to even acknowledge a notice
about a non-disclosed defect during escrow
is bat sh-t level crazy thinking, right?
No "legitimate" Real Estate Contract would EVER contain a crazy idea like that, would it??
So why does that exist in the California Contract?
I have heard the term Hoax used many times. I always thought it was being used out of context until I looked it up for this situation. I didn't realize it has an inherently large scope included, nor did I realize it was related to "preposterous".
I always just thought it was a "dirty joke". When I read the definition, I understood a lot more in context.
" a plan to deceive a large group of people by tricking them into believing or accepting as genuine something false and often preposterous".
This is an example of a "Commercial Hoax" with the Following Benefactors:
Insincere Sellers - Our population is filled with people who do not want to be honest about damages. What some may view as a small percent of our population is likely larger than most imagine.
Insincere Brokers - This provides insincere Brokers and opportunity to cater to insincere Seller's. Sincere Brokers who want a clean marketplace will not get as many listings when insincere Brokers exist to serve those with lesser desires.
All Real Estate Attorneys and Mediation Companies - All Real Estate Attorneys and Mediation Companies benefit when instructions for responsibility are blurred or removed. It allows people to believe they can do things they shouldn't and it allows others to question things that are illogical, both of which lead to legal fees.
At this point in time, it's extremely difficult to determine if it was the Brokers or Real Estate Attorneys who may have driven this Hoax into existence.
What is clear at this time is that it could have only stayed in play for 38 years with the cover provided by "confidentiality" requirements for Mediation, and/or false beliefs conveyed about "confidentiality requirements" for negotiations outside of mediation, as was attempted with us by a CA Attorney.
OR
We're wrong about all of this. Nothing we've said is correct, even though all the clauses we've quoted are in fact truthful. We are the ones trying to play a HOAX on everyone else, although I can't for the life of me imagine how the opposing side would claim any other interpretation would be representative of "Good Faith Negotiations in Article and Act," as is required by CA 1102.
At this time it's believed that well over 1 TRILLION in transactions have transpired since 1985 resulting in over 55 BILLION in commissions to Real Estate Brokers overseeing Transactions with Contracts that provided a Seller Bias.
It's impossible to calculate the revenues and benefits to the Legal Lobby, which are losses to all consumers.
It's also impossible to know the value of the defects Seller's inappropriately passed off due to a process biased for the seller in an illegal manner. Is it in 100 MILLIONS or BILLIONS ?
Of course, this all assumes you agree with me. '
If you don't, please put your opinion in writing.
Let's have a written debate.
All Attorneys should love a good debate.
Broker's with confidence about their position and practice should too.
Please tell me where I'm wrong, in writing, so it can be shared with others.
Email opinions to me at support@brics-practice-management.com attn: Bryan.
BUT, don't send me anything until you finish reading all the other pages in the website.
I wouldn't want to get half baked thoughts that you weren't able to finish for a while,
for one reason or another.