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#161
10-10-2007, 10:50 AM
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Re: Basic legal things everyone should know
[ QUOTE ]
2. When buying a house, never agree to use the seller's broker as your buying agent. It makes no sense for a broker to act on behalf of the buyer and the seller, because then she isn't fighting hard for either side. [/ QUOTE ] AFAIK, unless you have a buyers/broker agreement with an agent, the agent is ALWAYS the agent of the seller. A buyer/broker agreement locks you into using an agent (or another agent in their firm if there is a conflict, e.g. the agent also being the listing agent) for purchasing for a set amount of time. That is, you agree that they will act as your agent for the purchase of any house for the next 90 days or however long the agreement says (but I thin k90 days is standard with maybe some option periods), and in exchange they will operate as your agent and not the sellers. Again, if you are using the guy who showed you the houses as your buying agent and you do not have a buyer/broker agreement, they act as an agent of the seller. 
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#162
10-10-2007, 10:58 AM
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Re: Basic legal things everyone should know
[ QUOTE ]
DrewDevil, You should do a "ask me" thread. [/ QUOTE ] Hmm, as in "Ask DrewDevil your legal questions?" I'll do it if there's enough interest. [ QUOTE ] Do you ever take on cases where you have no chance of winning? For example, let's say you take on a person getting sued for $5,000 that should just settle. However, you go through the intial proceedings and bill your client some money, and then tell him best to settle. How often does this happen? [/ QUOTE ] Sure, this happens all the time. Many large companies have taken the attitude that they would rather pay their attorneys $20K to fight a nuisance/frivolous suit than just pay the plaintiff $10K to go away. They don't want to give the impression that they'll just pay off any lawsuit to get rid of it. Also, many, many clients tend to overvalue their side of the case and undervalue their opposition's... so everybody might be gung ho and spend lots of money to gear up for trial, then something comes out in a deposition or mediation that suddenly clarifies just where everyone is and the case gets settled fast. On the business side, companies are often willing to spend quite a bit on legal fees just exploring a deal or acquisition they ultimately walk away from.
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#163
10-10-2007, 11:02 AM
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Re: Basic legal things everyone should know
[ QUOTE ]
[ QUOTE ] 2. When buying a house, never agree to use the seller's broker as your buying agent. It makes no sense for a broker to act on behalf of the buyer and the seller, because then she isn't fighting hard for either side. [/ QUOTE ] AFAIK, unless you have a buyers/broker agreement with an agent, the agent is ALWAYS the agent of the seller. A buyer/broker agreement locks you into using an agent (or another agent in their firm if there is a conflict, e.g. the agent also being the listing agent) for purchasing for a set amount of time. That is, you agree that they will act as your agent for the purchase of any house for the next 90 days or however long the agreement says (but I thin k90 days is standard with maybe some option periods), and in exchange they will operate as your agent and not the sellers. Again, if you are using the guy who showed you the houses as your buying agent and you do not have a buyer/broker agreement, they act as an agent of the seller. [/ QUOTE ] This is true, and it's also a conflict of interest for the agent to represent the buyer and seller. In many states the agent is prohibited from doing both. If there is just one agent, s/he is the seller's agent.
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#164
10-10-2007, 11:12 AM
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Re: Basic legal things everyone should know
Thanks for the advice, and yes I would love to see an "Ask Drew" thread. People who admit when they don't know are rare.
As for "livible" basically I have two 4' holes in two ceilings from water damage (which I noticed when it started, two days after moving in, but got worse through their neglect) they've repaired the water leak, however, the holes are still there...three months later. In regards to the window question I had actually seen this in a video, however, it too was vague as to whether you have to step out of the car. Personally I confine my illegal activities to home whenever possible, but never hurts to know. Thanks again for the knowledge.
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#165
10-10-2007, 11:22 AM
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Re: Basic legal things everyone should know
[ QUOTE ]
As for "livible" basically I have two 4' holes in two ceilings from water damage (which I noticed when it started, two days after moving in, but got worse through their neglect) they've repaired the water leak, however, the holes are still there...three months later. [/ QUOTE ] This doesn't sound nearly bad enough to create a constructive eviction or habitability problem, but there are probably some steps you can take to force your landlord to fix the holes. Again, check your lease/property code for the exact procedure you must follow.
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#166
10-10-2007, 11:34 AM
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Re: Basic legal things everyone should know
[ QUOTE ]
[ QUOTE ] [ QUOTE ] 2. When buying a house, never agree to use the seller's broker as your buying agent. It makes no sense for a broker to act on behalf of the buyer and the seller, because then she isn't fighting hard for either side. [/ QUOTE ] AFAIK, unless you have a buyers/broker agreement with an agent, the agent is ALWAYS the agent of the seller. A buyer/broker agreement locks you into using an agent (or another agent in their firm if there is a conflict, e.g. the agent also being the listing agent) for purchasing for a set amount of time. That is, you agree that they will act as your agent for the purchase of any house for the next 90 days or however long the agreement says (but I thin k90 days is standard with maybe some option periods), and in exchange they will operate as your agent and not the sellers. Again, if you are using the guy who showed you the houses as your buying agent and you do not have a buyer/broker agreement, they act as an agent of the seller. [/ QUOTE ] This is true, and it's also a conflict of interest for the agent to represent the buyer and seller. In many states the agent is prohibited from doing both. If there is just one agent, s/he is the seller's agent. [/ QUOTE ] I'm taking Real Estate Finance right now, and we had a broker come in to class and explain that in some circumstances, she will represent both the seller and the buyer and act as a "facilitator" rather than representing either side. This seemed borderline retarded to me, but its how she does it, and isn't illegal. They all just want their commission anyways, so even when representing the buyer or the seller, they just want to make a quick buck and move on.
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#167
10-10-2007, 03:07 PM
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Re: Basic legal things everyone should know
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#168
10-11-2007, 12:59 AM
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Re: Basic legal things everyone should know
[ QUOTE ]
Now the cop can see into your car, and he can see your hands at all times, effectively eliminating for him any danger that would usually accompany approaching an unknown car at night. I've heard it said that this is greatly appreciated by the officer who pulls you over, thus making him far more likely to cut you a break. I've been pulled over multiple times at night, and have always done what I described above. I've never gotten a ticket but obviously the sample size is much too small to be meaningful. Still though, I can't see how it would hurt you so might as well give it a try. That's all for me. [/ QUOTE ] This is a bad idea, hands on the wheel is fine, unless they tell you to do otherwise. If you put them out the window they are likely to think you have been pulled over for suspected violent felonies in the past. This isn't the impression you want to give them.
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