Commercial Investment Real Estate

MAY-JUN 2015

Commercial Investment Real Estate is the magazine of the CCIM Institute, the leading provider of commercial real estate education. CIRE covers market trends, current developments, and business strategies within the commercial real estate field.

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19 May | June | 2015 CCIM.com broker would now be the source of the infor- mation and the statement that the parcel was buildable would be false. What if the listing broker knew that seis- mic regulations had changed and that the report was no longer reliable, could he still disclose that the parcel had been "declared buildable by the investigating licensed geolo- gist" without liability? No. While the state- ment would be technically true, it would be nonetheless misleading as the listing broker knew the true facts to be otherwise. What if the listing broker had two reports in his possession, both by licensed geologists? One report indicates that the parcel is build- able and the other indicates that it is not. T e listing broker genuinely believes the former to be more reliable and thus only discloses that report. If the property turned out not to be buildable, would the listing broker be liable for not turning over the other report? Yes. T e listing broker has an obligation to disclose all known, material information concerning the value or desirability of the property. Both geological reports concerned value and desirability and therefore both needed to be disclosed. Whether because perceived to have deep pockets, known to have insurance to cover losses, or genuinely believed to be responsi- ble, real estate agents and brokers are almost always brought into lawsuits when deals go bad. While real estate agents and brokers cannot insulate themselves from liability, attributing the source of information is an important measure that can be taken to limit exposure. Sean E. Ponist is the owner of the Law Offi ces of Sean Ponist, P.C., a fi rm specializing in real estate, construction, and business litigation. Contact him at sponist@ponistlaw.com. T e article is for informational purposes only and not for the purpose of providing legal advice and is not to be acted on as such. Say This Not This "Lot has been declared buildable by an investigating licensed geologist in a 1982 report" "buildable lot" "25,000-square-foot building per plans" or "25,000-square-foot building per assessor records" "25,000-square-foot building" "Per owner, property has river frontage" or "Per owner, property abuts the river" "River frontage property" GET CONNECTED CCIM Connect is the new members-only communication platform that allows you to: Log on at CCIMconnect.com Request and share industry insights that build your business Strengthen the relationships that lead to closed deals Collaborate on documents to ensure best practices

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