{"id":6137,"date":"2008-12-15T18:12:55","date_gmt":"2008-12-16T01:12:55","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=6137"},"modified":"2008-12-15T18:13:11","modified_gmt":"2008-12-16T01:13:11","slug":"the-deathless-prose-of-the-bloodhounds-against-advice-of-broker","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/6137\/the-deathless-prose-of-the-bloodhounds-against-advice-of-broker\/","title":{"rendered":"The deathless prose of the Bloodhounds: Against advice of broker"},"content":{"rendered":"

This is a form I wrote for a house that Cathleen may or may not have in play. The details have been fictionalized, but the underlying situation — a house trashed so badly that it becomes a menace to safety — will probably only become more common.<\/p>\n

Caveat lector:<\/em> I am an Arizona real estate broker, empowered by our state’s constitution to prepare documents incident to the transfer of real property. Your local laws will be different.<\/p>\n

BUYER IS PURCHASING REAL PROPERTY AGAINST ADVICE OF BUYER’S BROKER<\/strong><\/p>\n

Buyer’s Broker herewith explicitly advises Buyer against the purchase of 123 Mulberry Street, Hadleysburg, AZ.<\/p>\n

1. Buyer is aware that property has been looted by a previous owner, tenant, burglar, interloper or tenant-at-sufferance.<\/p>\n

2. Buyer is aware that all kitchen appliances, fixtures, counters, cabinets, shelving and appurtenant items have been removed from the property.<\/p>\n

3. Buyer is aware that the truss-mounted air-handler has been removed from the property.<\/p>\n

4. Buyer is aware that the extent of any additional looting is undetermined and is substantially indeterminable.<\/p>\n

5. Buyer is aware that attempts to repair or refurbish this property could result in further damage to the property and\/or injury or loss of life to Buyer or Buyer’s contractors or employees.<\/p>\n

6. Buyer is aware that repairing or refurbishing a property in this condition is a task that should be undertaken only by experienced building contractors.<\/p>\n

7. Buyer is aware that additional damages resulting from attempts to repair or refurbish this property could destroy any or all residual marketable value in the property, with such loss in value being Buyer’s sole responsibility and liability.<\/p>\n

8. Buyer is aware that injuries or deaths resulting from attempts to repair or refurbish this property could be construed by courts or insurance companies to be Buyer’s sole responsibility and liability.<\/p>\n

9. Buyer is aware that many other residential properties, substantially in turn-key condition, are available nearby at reasonable prices.<\/p>\n

10. Buyer has been advised numerous times of Buyer’s Broker objections to this purchase.<\/p>\n

ERGO, BUYER ACKNOWLEDGES BY HIS SIGNATURE HEREUNDER THAT BUYER IS PROCEEDING WITH THIS PURCHASE AGAINST THE PROFESSIONAL ADVICE AND JUDGMENT OF BUYER’S BROKER, EXPRESSED REPEATEDLY AND STRENUOUSLY.<\/strong><\/p>\n

Buyer agrees to release, indemnify and hold harmless Buyer’s Broker for any and all losses, Read more<\/a><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

This is a form I wrote for a house that Cathleen may or may not have in play. The details have been fictionalized, but the underlying situation — a house trashed so badly that it becomes a menace to safety — will probably only become more common. Caveat lector: I am an Arizona real estate […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[6,5],"tags":[],"class_list":["post-6137","post","type-post","status-publish","format-standard","hentry","category-marketing","category-real-estate","no-featured-image"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":509,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/509\/ask-the-broker-is-a-buyers-agent-like-a-bad-penny\/","url_meta":{"origin":6137,"position":0},"title":"Ask the Broker: Is a Buyer’s Agent like a bad penny . . . ?","author":"Greg Swann","date":"October 4, 2006","format":false,"excerpt":"When is a Buyer Broker Agreement abrogated, anyway?Is there a law stating that once your contract with your realtor is up that you must include them on the deal of the purchase of a home that they showed you?No such law. Feeling relieved? You can stop that right now. For,\u2026","rel":"","context":"In "Ask the Broker"","block_context":{"text":"Ask the Broker","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/ask-the-broker\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":681,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/681\/be-careful-what-you-sign-with-broker\/","url_meta":{"origin":6137,"position":1},"title":"Be careful what you sign with broker . . .","author":"Greg Swann","date":"November 25, 2006","format":false,"excerpt":"This is me from yesterday's Arizona Republic (permanent link): \u00a0Be careful what you sign with broker When you sign a buyer-broker agreement with a Realtor, is there some law that says you must thereafter include that Realtor in the purchase of any home he or she showed you? Once you've\u2026","rel":"","context":"In "Marketing"","block_context":{"text":"Marketing","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/marketing\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":555,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/555\/defining-the-divorced-commission-a-short-hand-term-for-understanding-alternative-real-estate-compensation-models\/","url_meta":{"origin":6137,"position":2},"title":"Defining the Divorced Commission: A short-hand term for understanding alternative real estate compensation models . . .","author":"Greg Swann","date":"October 19, 2006","format":false,"excerpt":"I just spent a very informative hour on the phone with Jeff Brown, and I want to summarize what I took away from our conversation. First, Jeff has a very different understanding of the term \"co-broke\" compared to the way it is used in Arizona. When we went to essentially\u2026","rel":"","context":"In "Blogging"","block_context":{"text":"Blogging","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blogging\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":521,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/521\/the-fetal-flat-fee-contract-language\/","url_meta":{"origin":6137,"position":3},"title":"The fetal flat fee: Contract language . . .","author":"Greg Swann","date":"October 7, 2006","format":false,"excerpt":"The first transaction we do with the flat fee as a matter of policy will probably come together tomorrow or Monday, but, as I had mentioned, Cathy has been playing with the idea. She has a contract in play right now, so I had to write language for the Buyer-Broker\u2026","rel":"","context":"In "Marketing"","block_context":{"text":"Marketing","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/marketing\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2179,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/2179\/a-consumers-guide-to-the-divorced-real-estate-commission-why-buyers-and-sellers-each-paying-for-their-own-representation-is-the-most-significant-reform-that-can-be-made-today-in-residential-real-estat\/","url_meta":{"origin":6137,"position":4},"title":"A consumer’s guide to the divorced real estate commission: Why buyers and sellers each paying for their own representation is the most significant reform that can be made today in residential real estate","author":"Greg Swann","date":"November 7, 2007","format":false,"excerpt":"Part I: How we got into this mess in the first place Can we be straight with each other? I'm not a soft and subtle kind of guy, and my working assumption is that you are sick to death of being hustled -- handled -- lied to. We yammer all\u2026","rel":"","context":"In "Marketing"","block_context":{"text":"Marketing","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/marketing\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2755,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/2755\/practical-dual-agency-in-real-life-it-is-possible-to-have-a-fiduciary-duty-to-your-sellers-that-you-cannot-get-away-from-that-feels-like-a-complete-betrayal-of-your-buyers-what-then\/","url_meta":{"origin":6137,"position":5},"title":"Practical dual agency in real life: It is possible to have a fiduciary duty to your sellers — that you cannot get away from — that feels like a complete betrayal of your buyers. What then?","author":"Greg Swann","date":"March 12, 2008","format":false,"excerpt":"There is a debate on dual agency going on at VARbuzz. This is my contribution to the conversation. I abhor dual agency -- notoriously so. I make no distinction between one licensee or two in the same brokerage, and I am more than prepared to be suspicious if there is\u2026","rel":"","context":"In "Blogging"","block_context":{"text":"Blogging","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blogging\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/6137","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/comments?post=6137"}],"version-history":[{"count":2,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/6137\/revisions"}],"predecessor-version":[{"id":6139,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/6137\/revisions\/6139"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=6137"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=6137"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=6137"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}