Friday, September 23, 2016

What's That Smell Along Union City Blvd

Disclosure: What Not to Say When Asked "What's That Musky Smell?"
 
When asked by the buyer "What is that musky smell?", the dual agent told the buyer that it was "sea air" and could be fixed by "changing things like sheet rock." Fong v. Sheridan, No. A144286 (Cal. Ct. App. April 21, 2016), an unpublished appellate decision which cannot be cited as binding legal precedent, reinforces the admonition that agents should not speculate when making statements regarding the condition of the property - just the facts please.
 
Relying on the agent's statement, the buyer closed on this Tiburon, California property, but kept smelling something odd in one of the bedrooms. Continuing to investigate, the buyer found a buried septic tank and a buried oil tank. Compounding the problem, there was an inadvertent spill when removing the oil tank. The buyer moved from the property due to the chemical smell and eventually the house was torn down.
 
After settling with the agent and broker for $275,000, the buyer sued the seller for vicarious liability for the statement that the smell was "sea air." While the trial court found that the agent was liable for negligent misrepresentation, the agent was not liable for intentional fraud, which limited the seller's liability for damages to the buyer's out of pocket expenses of $91,635. Because the $275,000 settlement the buyer received from the agent and broker exceeded the seller's liability, the trial court awarded $456,000 in attorney's fees to the seller as the prevailing party.
 
The buyer appealed the measure of damages and the attorney's fees award with the Appellate Court partially affirming, partially vacating, and then sending the case back to the trial court for further proceedings. Even though the appellate case is largely about procedural matters, the correct measure of damages, and attorney's fees, and cannot be cited as legal precedent, the bottom line for licensees is clear: As the FormsTutor® instructions for the AVID (Agent's Visual Inspection Disclosure) make clear, provide factual information, do not use adjectives, and do not speculate about the cause. Again - Just the Facts.

 

- Sunil Sethi

SUNIL SETHI REAL ESTATE

Helping Families Find Homes with Great Schools in Fremont, Newark and Union City.

Property Search | Featured Listing | Neighborhoods | Home Value | School Score | Property Tax

To access most updated listings on MLS from your phone, Download my FREE app from "My Mobile App".
Want to know if you qualify for any special loan programs. Check out CAR's Mortgage Directory
Love Us on Yelp!
Like Us on Facebook

 

Thursday, September 22, 2016

Thank you to Union City and Fremont's First Responders

Homeless Encampment Fire

mapOn Wednesday night, UCPD officers responded to a field behind the homes on Daffodil Way on reports of shots fired. The creek that runs through this field from the Alameda Creek Trail to Quarry Lakes Drive is essentially the border between Union City and Fremont (the blue line in the picture). For years UCPD and Fremont PD have been dealing with homeless encampments along this creek area.

When officers arrived on scene they discovered a homeless encampment engulfed in flames. The sound people heard was actually the loud bang coming from a possible propane tank explosion (the light blue circle in the bottom left of the picture). The Fire Department responded quickly, and the fire was extinguished before it had a chance to spread. People were found fleeing from the scene with their belongings, but the rest of the encampment was burned to the ground.

On Thursday, the Community Oriented Policing and Problem Solving (COPPS) Unit walked the entire creek area from the Alameda Creek Trail to the south side of Arroyo Park. No other homeless encampments were found, but the COPPS Unit will continue to work with Fremont Police on the issue of homeless encampments in the area as they arise.

 

 

- Sunil Sethi

SUNIL SETHI REAL ESTATE

Helping Families Find Homes with Great Schools in Fremont, Newark and Union City.

Property Search | Featured Listing | Neighborhoods | Home Value | School Score | Property Tax

To access most updated listings on MLS from your phone, Download my FREE app from "My Mobile App".
Want to know if you qualify for any special loan programs. Check out CAR's Mortgage Directory
Love Us on Yelp!
Like Us on Facebook

 

Fremont Local Election Forum


Please mark your calendars and attend... Friday, September 23rd at 7:00pm in Fremont City Council Chambers.

The League of Woman Voters is conducting a Fremont Mayor, City Council and Fremont Unified School District Candidates Forum.

Whatever is your voting concerns I suggest you listen to how each candidate answers the questions that attendee's and online questions sent to singer756@comcast.net are answered.

Here the Website for more details: http://www.lwvfnuc.org/public/index.shtm...

Note: Address of Fremont City Council Chamber is located at 3300 Capitol Avenue Building A. (due to all the construction please enter from Hastings Street).

 

- Sunil Sethi

SUNIL SETHI REAL ESTATE

Helping Families Find Homes with Great Schools in Fremont, Newark and Union City.

Property Search | Featured Listing | Neighborhoods | Home Value | School Score | Property Tax

To access most updated listings on MLS from your phone, Download my FREE app from "My Mobile App".
Want to know if you qualify for any special loan programs. Check out CAR's Mortgage Directory
Love Us on Yelp!
Like Us on Facebook