Understanding Caveat Emptor

 Alabama is Different than most other States…. I can’t say for sure but based on my research, the only states that are still caveat emptor states are Virginia, Arkansas, and Alabama. When a person buys real estate in these three states, they need to fully understand it is their responsibility to make sure they know what they’re getting, that it’s in good condition and works properly. When the buyer does his due diligence to have the property inspected, their legal rights remain in place after closing should some latent structural defect appear. If a buyer elects not to have the proper inspection done, closes on the transaction and then a latent structural defect appears and the buyer sues for damages; numerous Supreme Court cases have ruled in favor of the seller and stated caveat emptor; the buyer is responsibility to inspect the property prior to purchase.


This is a topic I try to talk about in every class I teach because it is the most important and the least understood law. I intentionally try to scare real estate agents to get them to understand the importance of the law and the effects it has on people buying real estate in Alabama. Today I will tell you how to see the law as it is written, disclose the other states that have the same law, and explain the dangers and remedies associated with caveat emptor.

Caveat Emptor is the law in Alabama…..

The Alabama Supreme Court has held caveat emptor to be the law in a consistent line of cases. Everyone should be on notice that there is no warranty which comes with the sale of a used home.

Real estate agents were taught when completing their educational requirements to get their license that caveat emptor is a Latin [Read more…]

Internet is Hurting the Buying Public

Our job is to protect the consumer!

Our job is to protect the consumer!

I’m sure a lot of people will disagree with my topic statement. Hopefully you’ll take time to read it and then I think you’ll agree with me; at least in part. According to the National Association of Realtors most recent studies, close to 95% of real estate buyers search the Internet to find property for sale. In some cases, by doing so, buyers are more familiar with what’s on the market then the agent at the time the buyer contacts the agent. In some cases the buyer tries to buy a property directly from the seller, rather than using the services of a real estate agent, and this is potentially harmful to the buyer. For anyone buying real estate in Alabama, Arkansas and Virginia, it is especially dangerous because of Caveat Emptor. State laws, in these states, place all the responsibility on a buyer could cost the buyer a lot, financially, after the sale has closed. Without talking with an agent in those states, the buyer would never know about the laws that could affect them and it could cause them to have no legal recourse should a serious issue arise. [Read more…]

Find New Clients Everyday—Guaranteed!

Arm's Length is about 3-Feet

Arm’s Length is about 3-Feet

I get tickled at salespeople sometimes and then at other times I can get frustrated with them just as quickly. It never fails that salespeople will drive past people that would buy their product, while the whole time they are in search for a prospective client to work with. Let me explain what I’m referring to as it relates to the real estate industry. Real estate agents are always looking for new listing opportunities while at the same time they’re searching for people that are interested in buying real estate. Let me set the stage for what I want to tell you by causing you to think outside the box for a moment. More times than not, we do not drive directly to our destination. For example; we may be on our way to work in the morning, but first plan to stop by the gas station. Our next stop may be at McDonald’s or some other fast food place to get a sausage and biscuit. If not there we might stop by Krispy Kreme Donuts. We may not be accustomed to eating breakfast but have to have that cup of coffee first thing every morning. Then we stop by Wal-Mart for a quick visit to pick up supplies we need at the office. It is not uncommon, when going somewhere, to make [Read more…]

The Process for Listing your Home for Sale

Cluttered -vs- Appealing

Selling your home is a very simple process isn’t? You simple contact a real estate agent, tell them what you want for your home and they list it. Correct? No it’s not quite that simple even though you won’t have any trouble finding a Realtor® to list it for you. Buying and selling real estate is one of the largest financial decisions most people make during their life-time. Both are very legalistic processes.  Every action we take is based on own personal decision that we make which have consequences. Those consequences can be either good or bad. Since selling a home could affect you financially for years to come, we need to make sure all our decisions provide favorable consequences.  A few weeks ago I wrote about the process of buying real estate so today I want to address the process of selling a home.

 Selecting a Realtor

First and foremost select a Realtor® who has a good reputation, is honest, trustworthy, and has integrity. Another important character you should look for is someone who doesn’t tell you what you want to hear, but instead, tells you what you need to hear. After interviewing several Realtors®, select one that you feel you can openly communicate with and hire them to represent your best financial interests. This is generally done by entering into as agency agreement for that agent/broker/agency to represent you. If you don’t thoroughly understand the relationship, ask them to explain it until you do understand. [Read more…]

The Process for Buyers to Work with Real Estate Agents

Real Agents are for Your Protection

There’s a right and wrong way to do almost everything. Buying real estate is not difficult but it can be very costly if you don’t take the right steps. I would like to share this simple process in a way that you can understand it and hopefully realize the importance of each step.

Step one is to hire a Realtor® to represent your best financial interest.

Don’t let the word “hire” scare you. Hiring someone to represent you will seldom cost you anything because the seller pays a commission to the Realtor® to professionally market their property for them. This commission is generally divided between the listing agency and the selling agency unless both sides of the transaction are performed within the same agency. Therefore let’s eliminate the thought of you having to pay to have someone represent you.

Buyer’s need to be cautious [Read more…]

Establishing Relationships

Relationships--A Pleasant Experience

People buy retail items from total strangers without giving it a second thought.

Generally the sales person is only collecting money for goods they have. It requires a minimum amount of trust. With very expensive items such as cars and jewelry, buyers are a little more skeptical and even distrusting. People buying real estate are in many cases, making the largest financial investment in their life. They need help from someone who possesses knowledge of real estate values and can guide them through the process of buying. They want to deal with professional people with integrity, which they can trust.  They buy through people they have established a relationship with.

There are many ways to create a first step to a relationship…

but they all begin with us giving of ourselves. We pass up opportunities every day of our life to begin a relationship with people. It’s either because we don’t want to have a relationship with them, or we fear possible failure in making that first move. We need to understand that the initial move toward a relationship beginning is a simple action. It might be as simple as opening a door for someone, or asking someone for directions to a particular place.

Relationships begin with an introduction.

[Read more…]