Apparently another agent had a client who was very interested in the property. The prospective buyer, being a civil engineer had questions following a visit to the property. A list of questions were then submitted in an email from the prospective buyer's agent to the sellers' Realtor. Long story short; as a result of non disclosure concerns, the prospective buyer walked away from the property.
The email sent to the sellers' Realtor(s) included a prophetic warning, which has since been fulfilled. The prophetic warning? Gotta love the politically correct sign off. "You were great to work with!"
P----,
Thank you for the answers to the questions from my client. They have decided to keep looking due to the water problems with this property. You stated that water had gotten into the house once but the seller did not state that when answering the questions and it is not disclosed in the seller's disclosure. I would be very afraid of a law suit from the next buyer if it is not disclosed. You were great to work with ... .thanks for all of your time. Martha
There are some very pertinent details within the contents of this email that were never disclosed to us during our escrow on the property, only six (6) days later. In fact, only six (6) days later we were provided a sellers' disclosure that stated the property was "NOT LOCATED IN 100 YEAR FLOOD PLAIN."
Both of the sellers' Realtors were copied on this email communication. One of them being the county's top producing Broker. I guess the Realtors didn't feel that full disclosure meant "FULL DISCLOSURE."
We redacted names and email addresses from the documents provided on this blog. But this document we found very interesting for a couple of reasons. The obvious one being the matter of non-disclosure and a warning from another agent. But what I found to be most telling about this document was that the full un-redacted version provided during legal discovery came in a batch from the Brokerage Firm. The header of the bates stamped exhibit shows that the listing agent/Realtor forwarded this document in an email to her husband the day the documents were being produced. Nervous perhaps? Honey, I got my hand caught in the cookie jar!?
The real kicker here is that all of these Realtors still assert that the house is not in a flood zone. Accusations have been flung at us that we should have "seen" the property had issues; yet each of them were familiar with the property and, again; even their sellers who lived on this property for nine years noted on their seller's discloser that the property was "NOT LOCATED IN 100 YEAR FLOOD PLAIN.'
