In a disputed-value claim, a buyer alleges the sale price exceeded the true market value. 你, 作为卖方的代理, can be sued by a buyer who is alleging the seller disclosed inaccurate or 误导 information.
That information could come from public records, but usually it’s shared by the sellers themselves. They might misrepresent the property’s square footage or number of bathrooms, 或者他们可能没有披露未经允许的添加或有缺陷的条件.
Another type of disputed-value claim is when sellers allege the property was worth more than the sale price because the appraiser inaccurately calculated the square footage.
理查德J. Monahan is Divisional Assistant Vice President for Great American Insurance Group. 伟大的美国人与赫伯特·H. Landy保险代理，德州2021十大正规彩票app经纪人®风险管理合作伙伴. 以下是他对避免争议价值主张的2021十大正规彩票app.
索赔的各个阶段
The buyer’s attorney may send you a demand letter before a lawsuit is even filed. 通知你的错误和遗漏(E&O)在收到要求函后立即提供. 你 and your attorney could try to work out the situation and avoid the claim altogether.
The buyer may file a lawsuit naming you, your broker, and the appraiser as defendants. 买方可以提出其他指控，如疏忽和欺诈.
你的律师可以让你退出诉讼. 如果这不起作用，你可以尝试和解或上法庭.
诉讼将通过证据交换进行. Parties will conduct interviews and share transaction documents such as emails and texts between the involved parties, 说继续. “例如, if the documents show that a real estate professional had no knowledge that the square footage was inaccurate or that there was no easement affecting the property’s value, 它支持了对这一主张的辩护,他说.
Disputed-value claims can be resolved within days or as much as five to six years after the commencement of a lawsuit. 大多数案件在审判前就解决了.
如何保护自己
Losing a lawsuit can be expensive—as high as hundreds of thousands of dollars. 为一场官司辩护，即使你赢了，也是很昂贵的. “通常, higher-value homes and ZIP codes could lead to higher damages valuations and expectations from the claimants,他说.
你的E&O insurance may cover your legal fees and costs plus indemnity for settlement and judgments up to the policy’s liability limit. 你r coverage may connect you with claim representatives and experts who can help guide you. 先联系他们.
下一个, seek out legal representation; a strong reply to a demand letter from your attorney can sometimes fend off lawsuits before they start. 你的E&提供商可以为您选择律师.
在为你辩护时, 你的律师可以引用2021十大正规彩票app许可法案的条款, which says you can’t be held liable for a misrepresentation or concealment of material facts made by a party in a real estate transaction unless you knew the representation was false and failed to disclose it to the other party in the transaction.
Obtain a written seller’s disclosure notice during the real estate transaction. There are different approaches as to how involved a real estate professional should be in a seller’s disclosure, but Monahan recommends reviewing the document to verify the disclosed information is consistent with known information. “Having said that, a real estate professional has no duty to inspect listed property,他说. “But if a real estate professional knows that a property’s square footage was increased with an unpermitted addition, 这应该向买方披露.”
这些说法有多普遍?
Most real estate claims nationwide involve an element of disputed value; Texas claims are no different, 纳汉说. A common claim in Texas arises from failure to disclose defective foundations.
纳汉说 there’s no sign yet that the recent market cooling will lead to more claims. “然而, 如果历史重演, mortgage lenders may seek to recoup losses from brokers and appraisers after foreclosing on non-paying borrowers by alleging excessive sale prices,他说.
Monahan recommends avoiding future claims by never interpreting property conditions, such as calling foundation cracks “minor”; never acting outside of your areas of expertise; following pre-established office procedures; and maintaining a well-documented file including written confirmations of conversations.