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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33009
Experience:  30 years of real estate practice experience.
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Can a Real Estate agent sell a home he knows from a sellers inspection has a dangerous el

Customer Question

can a Real Estate agent sell a home he knows from a sellers inspection has a dangerous electrical system without that defect being corrected by the seller at seller's expense?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a Florida licensed attorney, and I will do whatever I can to answer your question.
Before I answer a bit more detail would be helpful please.
This is the seller's broker?
What is the specific problem with the electrical system making it dangerous?
Thank you.
Customer: replied 2 years ago.
The seller is an agent for a foreclosed property owned by wells Fargo Bank. The electrical problem is indeed dangerous as throughout the house there is a "false" ground. Many regular 120 plus do not have one of e plus a "neutral ". Instead it has another 120 or 125 volts going in that prong as well giving it the voltage of 24-250. If a 110 appliance is plugged it could blow up nd/or start a fire in the walls. We called in an Electrical Inspector who said to find where the problem is and to correct it at $82/hour would probably cost about $500. The report was forwarded to the Listing agent who should have sent it to Wells Fargo but so far nothing, and My Agent who is no the brightest continues to tgell me, "I told you, the property is sold As-Is" What say you and what legal reference can I use to support my position if in fact I am correct in my supposition. (Just move from 68 years living in California. Thanks, ***** *****
Expert:  Loren replied 2 years ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, there is no mandatory duty to disclose in a foreclosure sale. The property sold is as-is and you have no recourse unless there was actual fraud.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.
Expert:  Loren replied 2 years ago.
Did you have further questions? Have I answered your question?

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