Question

Judy is the listing agent for the Brandts' home. In the inspection of their home, she discovers a few issues of concern. The basement is very damp and smells of mildew. Judy noticed what appeared to be mold on the interior walls of the lower level. She also saw what she believed to be their main line overflowing in the utility area of the basement. State the case that is responsible for broker's conducting a diligent inspection of properties they are listing or selling.

Answer 1

Answer:

Easton v. Strassburger

Explanation:

Summary of The Law is:

Plaintiff bought a home from Defendant, constructed on poorly constructed fill and severely damaged by mudslides. Defendant did not request a soil test, and did not report any harm to the complainant.

Plaintiffs accused defendant for deliberate and reckless misrepresentation and dishonest cover-up. Plaintiff was awarded $197,000 in the court, finding that Defendants were liable. Defendants appealed.

In this case the listing agent, Judy, should report every issues and concerns.

A real estate broker representing the seller has an affirmative obligation to perform a reasonably competent and vigilant inspection of residential real estate and to report to prospective buyers all information that would have a significant effect on the value or desirability of the property that would be exposed by such an inquiry.