Wednesday, July 20, 2011

Georgia Association of Realtors (GAR) forms - one problem I see

I wish to first thank and I appreciate GAR for creating and producing standardized real estate contract forms to use by all real estate agents. These forms make real estate transactions smoother in Georgia since all agents are familiar with the forms and contents.

However, there is one question from the Seller's Property Disclosure Statement that I've recommended to have it changed and it has not been changed that reads as follows:

"Is there presently any polybutylene plumbing, other than the primary service line, on the property?"

Now if the Seller marks this statement NO, and there is a polybutylene plumbing line that is connected from the street to the house, then is the Seller lying, even if they knew it existed?

If I were to judge from an independent person's viewpoint I would say - NO. I believe that the way this is worded, "other than the primary service line" may mean what it says in a court of law, regardless of how agents "may" interpret this statement in practice and application.

Furthermore, the Seller may not know by visually inspecting the water line since it's buried underground and the connection may terminate inside foundation wall.

I can't wait for the first lawsuit over it - maybe at that time, the language will be changed.

References to products and services are not a specific endorsement, but the user must perform their due diligence and investigate whether the product or service is right for them. I welcome any or all comments that would help others.

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