BUYING FORECLOSURES - BUYER BEWARE!
January 29th, 2009 by admin
ENOUGH IS ENOUGH!
Are there no limits to what will be listed in our MLS?
If a bank wishes to offer for sale a building that has a severe mold growth, what would happen if no agent would take the listing?? On the other hand, what liability does that listing agent incur when they list a home with a severe mold growth?
Can we expect a rash of lawsuits by an attorney with “class action” ambition to try to bring all of these properties and their bank owners and agents to account in a court of law for offering clearly defective properties for sale to the innocent consumer??
Where is the FTC and DOJ when we need them?? Are our government institutions charged with protecting the public completely ignorant of the properties offered to the consumer that may be:
- riddled with mold,
- leaking like a sieve from the roof,
- leaking like a sieve in to the foundation,
- in an uninhabitable condition,
- exposing the public to safety hazards,
- exposing the public to health hazards,
- offering a product without consumer protections,
- and more, depending on the perfidy of the bank owner.
BUYERS ARE SHOPPING FOR PRICE. Home buyers are reading the national news, going on the Internet and viewing homes for sale. They gravitate to the lowest price property offered in their area of choice because the public assumes that IF IT’S LISTED, IT’S O.K.

“Honey, are these homes safe?”
“Of course, Deal, they wouldn’t be listed if they weren’t.”
The consumer also may believe that:
- There are regulations to protect them from buying an unsafe property,
- There are regulations to protect them from making a bad investment,
- There are regulations to protect them from losing money when buying property,
- There are regulations to protect them from undisclosed defects in properties for sale.
Seems to me that some sharp DA might want to file charges of some type against an agent who lists a home covered with mold.
Are they engaged in a conspiracy to cause harm to children?? If they know or should know that mold may be harmful to children and other living things, they are conspiring with the owners to put children in danger.
Geez! Sometimes I believe that some agents never see the homes that they list for sale.

HOME FOR SALE
Single Family on wooded lot.
Country Atmosphere.
Needs TLC. Sold “AS IS”.
Take Flashlight - No Electricty
Special Addendum Required. Key in Office.
The only reason for a “key in office” is that the listing agent has visited the property.
Most homes with serious mold growths have not been tested by the seller. Rather than discover the type and degree of hazardous condition in a property because of mold, foundation defects, electrical hazards, etc., the seller and listing agent simply list the property “AS IS” and believe that they have avoided any liability for the hazards they are trying to sell.
Our markets are glutted with these properties because the owners will not make the necessary investment in their property. Their goal is to simply unload these dangerous properties with questionable value to consumers who have no knowledge of the seriousness of the condition nor the cost of repairs.
The “AS IS” clause doesn’t hold up in many states with consumer protection codes. The #1 cause of consumer complaints against real estate licensees with the Maryland Real Estate Commission is
#1. Failure to disclose material facts.
#2. Giving advice to buyer or seller that would result in future problems. This includes telling buyers that home inspections are a waste of money.
Consumers often believe that sellers would not list properties for sale if they are in unsafe condition.
Consumers often believe that they can price without a buyers agent because they’ll get a “better deal” if they deal directly with the listing agent.
Since 1994, we’ve specialized in representing home buyers. Goodness knows the consumer needs all the help they can get. As more properties go to foreclosure and banks use the “AS IS” mentality to avoid repairs after letting the property sit vacant for a year or two, sooner or later, some smart attorney is going to see a pot of gold at the end of a paper trail of consumer abuse.
Courtesy, Lenn Harley, Broker, Homefinders.com, 800-711-7988, E-Mail.
Category: Foreclosures in MD and VA | No Comments »






