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Posted by on Jul 28, 2012 in Thinking of Buying? | 7 comments | Print Print

Don’t Blame Agent?

Hat tip to downturn for seinding this in from claimsjournal.com:

Michael Davies wanted to see a home for sale in western Michigan. The visit left him with a broken ankle, wrist and elbow.

Davies blamed his real estate agent for his four-foot fall in a dark garage at a Barry County house that had no electricity at the time. But the Michigan appeals court says it’s a case of potential buyer beware: The agent is not liable for the injuries.

The court last week said agent Sandra Johnson and Greenridge Realty did nothing to create the hazardous condition in 2008 and had no duty to inspect the house to look for possible pitfalls.

There’s no indication in the decision whether Davies bought the house – or kept his agent. A message seeking comment was left with his lawyer.

7 Comments

  1. Everyone’s a victim these days…. The dummy knew the electricity was off. He knew he couldn’t see. Who’s fault was that?

    Operating a life under the influence of stupidity.

  2. what a doofas. Agent cannot save you from everything.

  3. Nice to see the court throw that bum out.

  4. If the agent knew the power was off should the agent have suggested bringing a flashlight? Did the agent tell the person looking that the power was off? If so a rational person would get a flashlight.

  5. I had to click on the article link to make sure that the photo you used for this post wasn’t actually a picture of the property and situation described.

    That structure would benefit from some bold use of graffiti… hmm, I wonder if anyone has ever done an interative “housing bubble/bust” blog where participants can vent their spleens by way of defacing a pic de jour.

  6. I sprained my ankle looking at a short-sale in Carlsbad. I mentioned it to the selling agent that they should get the stairs fixed but didn’t sue anyone.

  7. For all the readers who have been frustrated with Bank of America recently, here’s something that will make you laugh: The banking giant just accidentally gave a Detroit man $1.5 million. It doesn’t look like the bank will be recovering the funds anytime soon, either.

    Ronald Page, a BofA customer whose checking account supposedly only had a few hundred dollars, didn’t receive any insufficient funds notifications when he attempted to make cash withdrawals at the ATM. In fact, he didn’t even receive the traditional alert that he had reached his daily withdrawal limit. Instead, a rare ATM error allowed him to continually take out as much cash as he pleased at ATMs and casino cash windows.

    So what did Page do with the money? Invest it and change his name? Squirrel it away in a Swiss bank account and leave the country? This was no criminal mastermind. This was just a man who stumbled on a treasure, and his luck appeared to stop once his ATM card dispensed the cash. He gambled it all away at three Michigan casinos. Now, he’s facing federal charges, and it looks like he’ll wind up in jail.

    The story is laughable on both sides. It’s hard to believe that any checking account holder could believe that he would get away with collecting that much cash (and lose it that quickly). However, I think Bank of America looks even more foolish here. With all the advanced banking technology, you would expect the institution to catch on to the problem relatively quickly, but it took the Charlotte-based bank 15 days to put a stop on Page’s account. For a corporation that has seemed so concerned about profits for shareholders, that seems like quite a long time to let a rogue account holder drain his nonexistent cash flow.

    I think it’s fairly safe to assume that BofA won’t be able to cash in on these overdraft fees or out-of-network ATM charges.

    Read more: ATM error costs BofA big time | Bankrate.com http://www.bankrate.com/financing/banking/atm-error-costs-bofa-big-time/#ixzz21zKbd2YU

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