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.

BUYER BEWARE

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…]

Requirements For and How to Get Alabama Real Estate License

IN THE COMFORT OF HOME

IN THE COMFORT OF HOME

I have been asked to simplify the licensing requirements and explain the process so I will give you a bullet point explanation of the basic requirements. For a complete list of all the requirements, contact me or refer to the Alabama License Law.

  • A person must be 19 years of age.
  • A citizen of the United States or have documentation from the federal government establishing a permanent resident status.
  • A resident of the State of Alabama or agree to other provisions; which can be explained upon request.
  • Must not have been convicted of or pleaded guilty or nolo contendere to a felony or a crime involving moral turpitude. Note: Criminal records are checked.
  • Must be a high school graduate or the equivalent.
  • Must complete a 60-Hour Salesperson Prelicense Course (your choice of online or classroom) prior to making application for a temporary license.

Next is the process for completing the requirements that are controlled by state law. I will address the educational requirements from the point of view that benefits our school which is Alabama Real Estate Institute so put www.AlabamaRealEstateInstitute.com into your browser so you can quickly follow my directions. [Read more…]

Real Estate Agents Aren’t Created Equal

Listen Intently

Conversations Include Listening

Please don’t jump to any strange conclusions by the title of this message. By no means do I discriminate against anyone. The key word in this title is “created.” People aren’t born with natural abilities perfectly aligning themselves to become real estate agents. A career in real estate is not nearly as appealing to children as becoming a policeman, fireman, pilot, astronaut, or to play for the NFL or NBA. For whatever reason we decided to get into real estate, the only similarities we have are the educational requirements and the fact that real estate sales people are licensed through their respective state. How and if we develop our career is an individual choice. The level we take our sales production is solely dependent upon our desire to become successful. I liken our industry to most others in that we can go to a real estate office, we can dress and talk like a real estate agent, we can drink real estate coffee, we can speak the real estate language, but that doesn’t make us good real estate agent; anymore than sitting in a hen house makes you a hen. Like other professions, all real estate agents are different. You don’t know what you’re getting until you unwrap the outer covering to see what’s inside. Sort of like Forest Gump and his box of chocolates. [Read more…]