An agent’s liability can be based upon her failure to explain or properly advise about the documents in a transaction, especially where certain omissions or errors occur. The most common source of malpractice is found in the Seller’s Property Disclosure Statement (the SPDS). Inconsistencies, omitted or vague answers in this document must be pointed out and the buyer advised to investigate the omission. Too many agents simply pass the SPDS on to the client without reviewing it carefully.
On the other hand, too many buyers assume the agent is looking out for them and do not read the documents carefully. This, of course, is the agent’s first line of defense, the careless buyer. However, the typical buyer is not expected to be the expert – that is what the agent is getting paid for. Good advice to any person involved in a real estate transaction is to assume nothing, especially that his agent will notice any problems in the documents and point them out to the client.
According to a recent case, a buyer’s agent may be liable to the seller for failing to disclose that his client does not have the financial ability to close on the property. Until this case was decided, it was generally the law that such a disclosure would violate the agent’s duty to his own client, but that limitation no longer applies. This ruling is particularly significant in today’s financial climate.
Clients Recommend R. Harvey Dye Law, PC
There is no better surgeon than one with many scars. – Spanish proverb
Harvey did a fantastic job representing me in the sale of my home. He was fast and efficient. Closed the deal within 45 days. I highly recommend him if you have a need for a real estate lawyer.
- Teri Johnston
My husband and I met with Harvey to discuss a real estate transaction that we had begun. We had just lost our middle child and were still grieving our loss. We decided to sell our home while in this state of anguish. Harvey was very helpful and meticulous about helping us save our home. We both would highly recommend Harvey and R. Harvey Dye Law for any real estate law needs. I would give him 10 stars!
- keira hall
I have never spoken to an attorney as well versed in their field as Harvey Dye. He was very attentive as I explained my situation, and he did not interject once during the entire conversation. After processing all the information I had given him, Harvey went over all possible options for resolving my issue; one of which I would never have thought existed. Thank you for your help, Harvey. You are a true asset to your field.
- Jeffrey Vinca
Harvey did a fantastic job representing me in the sale of my home. He was fast, efficient and very professional. The sale closed without a hitch within 45 days. I even had a little kink in the road but Harvey maneuvered through it like a pro! If you have a need for a real estate lawyer, Harvey is your guy!
- Teri M.
Lien IssuesI have never spoken to an attorney as well versed in their field as Harvey Dye. He was very attentive as I explained my situation, and he did not interject once during the entire conversation. After processing all the information I had given him, Harvey went over all possible options for resolving my issue; one of which I would never have thought existed. Thank you for your help, Harvey. You are a true asset to your field.
- Jeff V.
High quality serviceR. Harvey Dye is a exceptional lawyer. He helped me out with a very difficult land deal that other lawyers could not help. Harvey did a great job explaining and keeping me informed on the process. Thank you again Harvey.
- Kevin B.
I found Mr Dye to be a very thoughtful man with the ability to talk with you on your level of knowledge of the law,after our first visit I felt very comfortable and confident that Mr Dye would represent me to the best of his ability and he proved to do so. I had cosigned a commercial lease that should have expired 5 years after the signing, After 5 years I was not with the company any longer. The owner signed a new lease and then went out of business a few years later. I was named in the law suit for the remainder of the lease owed. Mr Dye researched the law and found many examples of previous law that would have me dismissed from the law suit. His arguement proved very successful and I was dismissed from the law suit. Great job Mr Dye, I would recommend you to anyone who has a real estate problem or needs advise. Quick, accurate, and friendly.
Harvey Mr. Dye is an exceptional example of what an attorney should be! I recently had to foreclose on a home, and found Mr. Dye to be very honest. From the first phone call, to the conclusion, he exceeded my expectations. He kept me informed throughout the process, was fair with his fees. I highly recommend him.
Property Line DisputeHarvey Dye provided excellent service with our property line dispute. He is very knowledgeable in regards to this area. He listened to our issues and helped us understand the law. We have never needed the services of an attorney until now and he was great about guiding us through the process. Harvey Dye was able to get a positive result for us and put our concerns at ease. He was also very fair with his fees to be sure there were not any added costs that were not necessary. I would highly recommend Harvey Dye in any real estate situation you may have.
Excellent Service!Our experience was wonderful. We had a smaller issue that we thought might get lost in and amongst his larger cases or more important matters. This, however, was not the case. He listened to exactly what we needed, did not rush us, asked us questions to clarify that he understood exactly what we were looking for, and went to work for us immediately. We expected a long turnaround on our results, but we were pleasantly surprised when our matter was concluded in a very short amount of time. It is clear Mr. Dye and his staff care about doing a good job and making sure their clients are comfortable with the process and receive a quality product. I would highly recommend his services to anyone.