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Let me clarify one of my points.
I said, "Why not do the right thing?" There are essentially three reasons: Accidential ommission, ignorance, or fraud. Accidental ommission and ignorance can save a layman from punitive damages, but if the issue is raised, they'd still have to take corrective action, or compensate the buyer. Any broker involved cannot plead ignorance about whether something is a fixture or not. They may be able to claim ignorance of your unilateral actions, but if they know you did something, even if you did it out of ignorance, their duty is to say something. There also is a very real possiblity that the buyer may never realize that anything is wrong, or that they have a cause of action. But what if they do? Any broker that is aware of the situation, but gambles that the buyer won't realize what they're entitled to is acting unethically even if the buyer never realizes something is wrong. The right thing is so simple. Either replace the fixture before putting the real property on the market, or exclude it from the sale. Taking either of these paths will resolve the issue completely. What is the incentive to knowingly not exclude a fixture you're planning on taking with you from the sale? The only incentive to not exclude the fixture from the sale is fraud. Accidental ommission, or ommisoin because of ignorance is not an incentive. Fraud is the only incentive. Are a few bulbs worth committing fraud? What I'm asking is if you know that you're going to take a fixture with you, other than fraud, what other incentive is there to not do the right thing? -- Warren H. ========== Disclaimer: My views reflect those of myself, and not my employer, my friends, nor (as she often tells me) my wife. Any resemblance to the views of anybody living or dead is coincidental. No animals were hurt in the writing of this response -- unless you count my dog who desperately wants to go outside now. Have an outdoor project? Get a Black & Decker power tool:: http://www.holzemville.com/mall/blackanddecker/ |
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