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Buyer's Rights

12/18/2014

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A recent experience with a new client prompted me to write about "buyer's rights." Here's what happened:

A fellow had sold his home on the mainland and came to Hawaii to find either some land to build a new one on, or a new home to purchase. His criteria was privacy, safety and lack of mold. Otherwise, he was quite open to suggestion. After looking on the Kona side and deciding it wasn't for him, he was sent by the agent he'd looked with to another agent on the Hilo side from the same company. 

The agent had him sign a Buyer's Agreement and showed him houses in the subdivision the agent lived in, telling him that it had "great weather" and that "catchment water is better than county water" and "it's a safe neighborhood." 

The buyer has a brother-in-law that has lived in the Puna district for 40 years and when this b-i-l heard where the agent had been taking him, he objected and said it's very rainy in that subdivision, besides the fact that the roads are terrible and crime has been a problem as well.

This agent refused to bring said brother-in-law along on the showings, so the fellow sees houses in this one subdivision only. Later, the b-i-l takes him on a drive to the sunny part of Puna. The area appeals to him. They see a Savio Realty sign on a beautiful piece of land and call us. 

At this point, the previous agent had already had him sign a purchase contract for a home in the rainy subdivision, unbeknownst to us. He called the agent 2 days later to cancel the contract as he'd googled the amount of rainfall that was average for the area and was mortified. It was not what he wanted. He told us that he was a little afraid to piss her off and that he hadn't gotten copies of what he'd signed. We called and asked the agent for him.


IMPORTANT POINTS to note: 

Always get copies of everything you sign. You shouldn't even need to ask, but do if they don't provide one.

You are not required to sign a Buyer's Agreement. It's optional. If you do, and the agent doesn't find you the property you're looking for, he/she will get a commission on any property you purchase for the next year. I do not have clients sign one as I think it's one of the reasons real estate agents can seem like vultures. 

Take anyone you want to along for property showings. Especially if they are familiar with the area.

If you want to change agents, you may. Just inform the agent that you are through working with them and have found another agent. We're supposed to have thick skins. We can take it. After all, it's not about us; it's about you.
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    Lisa Roach is a lover of dirt and rocks and critters

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