Why Home Measurements are Important for Realtors
Avoiding Negligent Misrepresentation
As a Realtor, You Know that this occurs when an agent unintentionally misinforms a buyer, seller, tenant or landlord concerning a material fact either because the agent does not have actual knowledge of the fact, because the agent has incorrect information, or because of a mistake by the agent. If a reasonably prudent agent “should reasonably have known” the truth of the matter that was misrepresented, then the agent may be guilty of “negligent misrepresentation” even though the agent was acting in good faith.
Negligent misrepresentation by real estate agents occurs frequently in real estate transactions. A very common situation is the recording of incorrect information in an MLS® computer or book due to the negligence of the listing agent. When a prospective buyer is subsequently provided the incorrect information from the MLS® by the agent working with the buyer, a negligent misrepresentation by the listing agent occurs.
A listing agent is generally held to a higher standard with regard to negligent misrepresentation of material facts about a listed property to a buyer than is a selling agent who is acting as a seller’s subagent.
This is because -
(1) The listing agent is in the best position to ascertain facts about the property,
(2) the listing agent is expected to take reasonable steps to assure that property data included with the listing is correct and
(3) it is generally considered reasonable for a selling agent to rely on the accuracy of the listing data except in those situations where it should be obvious to a reasonably prudent agent that the listing information is incorrect.
However, a buyer’s agent may in some cases be held to a higher standard than a seller’s subagent because of the buyer’s agent’s duties to the buyer under the law of agency and the buyer’s agent’s special knowl edge of the buyer’s particular situation and needs.
Frequently Asked Questions
- Accuracy in Square Footage Reporting, Why does it matter?
- Appointments and Property Access
- CALCULATION OF SQUARE FOOTAGE ANSI Standards
- Can I order a home measuring by phone?
- Can The Plan Drawing be put on My Company Letter Head?
- Cancellation Policy
- Centri Lock?
- Courtesy Call
- Discounts for Agents
- Do you have a plan of this Home?
- Do You Measure Homes Outside of Nashville, TN?
- Home Measuring in Middle Tennessee?
- How do I place a measure request order?
- How Does Accurate Home Measuring Pricing Compare to Other Measuring Services?
- How Much Does it Cost?
- How to measure the Square Footage of a house
- I Don't have a PayPal Account, How can I pay Online?
- I don't know the approximate Square Footage
- Lost or Missing Plan Reports
- Measures, When an Appointment is Required for Access
- Need it in a Rush?
- Order Today! By Phone!
- Refund Policy
- The ANSI Standard - Short Summary
- What about mistakes?
- What are Service Travel Zones?
- What are the Payment Options?
- What are your Terms of Service?
- What CADD file Format is available?
- What if I select the incorrect "Approximate Square Footage" when ordering online?
- What Information is Included on the Basic MLS Measure Report
- What Information is Included on the Detailed Measure Report?
- What is PDF format?
- What is the Turn-A-Round Time?
- What is Your Service Area?
- What Size sheet is the Plan Report presented in?
- What to Expect After You Place Your Order!
- What to Expect Now, After You have Placed Your Home Measuring Order!
- What to Expect when the person arrives to measure.
- What Type of Measure is Best for MLS?
- Where Do You measure Homes?
- Why Home Measurements are Important for Realtors
- Why is there an Added Travel Fee?
- Why Order Online? Benefits