CAR Approved but warrantied by No One? - Bottom of Page 10 -
CAR Approved but warrantied by No One? - Bottom of Page 10 -
Embedded Files
Below is the Footer on Page 10 of 10 of the Contract we were provided. Read it. Use zoom on your browser if needed.
This is the most relevant parts...
copywrite - 1991-2018 - California Association of Realtors
"THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VILIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSCTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE TAX OR LEGAL ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL"
Published by REAL ESTATE BUSINESS SERVICES LLC , a subsidiary of CAR, 525 S. Virgil Ave. Los Angeles CA 90020
RPA-CA REVISED 12/18 (PAGE 10 OF 10)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 10 OF 10)
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr, Cambridge Ontario CA N1T 1J5
Questions
The US has 350 million people. California is the largest state in the US. It is the worlds 5th largest economy. It leads the world in technology. Why is this form being produced with software from another country? Does the US lack the skills to produce software that presents contracts ?
Why is a contract being provided by Coldwell Banker in Silicon Valley, via a software company out of Canada and a Publisher out of LA that is a subsidiary to the State wide Association of Brokers based in Sacramento --- WARRANTIED BY NOBODY?
Could the suggestion of personal liability for contract legality with the suggestion to consult with an attorney, while engaging in a transaction with the Guidance of a California Brokerage be a viable legal disclaimer? It didn't feel good then. None of it did. And as it turned out, No. Not really. It sure doesn't seem so.
Per Norman v Dept of RE -- Brokers are personally responsible for corporate compliance with real estate law, otherwise the statutory purpose (of brokers for consumer protection) would be frustrated. (citation from Wolff Law cheat sheet)
What happens if you were to ask an Attorney about the contract? What happens if you wanted to change it?
What happens if you were to ask an Attorney about the contract? What happens if you wanted to change it?
I'll answer in reverse
We tried to change 17 days for inspections to 21. 17 is absurdly short. Absurdly short. We were told we might not be competive. Their goal is to make buyer rush and panic.
During Escrow - We reached out to two Attorneys during escrow AFTER we had not only been victimized by the contract, but by an Agent and Seller who had a game plan that aligned with every inverted clause. We were encouraged to walk away from the transaction and we were told if we attempted to warn others who might contract with them about the non-disclosed defects we encountered, we could be sued for "tortious interference". There was ZERO CONCERN for reporting or pursuing the bad brokers and agents. Emails with that Attorney who was a MEDIATION ATTORNEY, available upon request. they may be posted here later. They have their tools very well placed and well trained to keep the scheme aloft.
Afer Escrow - We reached out to 4 attorneys who all said we had claims but each oddly wanted to refer us to someone else. As clarity about the role they had played in confidential mediations arose, we contacted 70 of them as well as the Monterey County bar. Nobody wanted to comment on the contract. Can you imagine that?
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