Time For A Quiz

James L. Goldsmith, Mette, Evans, & Woodside • December 22, 2023

Every now and again I like to see who’s reading these missives. Answer this quiz and if you are correct it is because: a) you read the article where I addressed this…what I’m hoping for, b) you’re smart…also good, or c) you looked on the paper of the quiz-taker beside you. No, this is not the quiz, you’ve got to keep reading as this is just the teaser.


So here’s the quiz. While enjoying a buttery, oak-aged chardonnay and taking in the lovely sunset (since the loss of daylights savings time you must be starting early) your evening is interrupted by a call from a client. The client, Barbara Beyer, had purchased a home nearly a year ago. Barbara had been a picky buyer and you accompanied her to over 20 properties before she wrote her offer on this one. To be kind, let’s just say that you were relieved to have concluded the relationship!


Because it was a resale property that Barbara had purchased, it came with a seller disclosure. Barbara was also permitted to have a home inspection, which she did via one of the inspectors your recommended. The disclosure made no reference to any plumbing problem though Barbara later found credible evidence that the seller had been aware of a serious one. Likewise, the inspector noted no problem though Barbara insists it was there to be seen.


The problem was manifest by a substantial leak from an exposed pipe in the basement. Barbara found it when she went to do laundry, by which time there was an inch of water over the floor. The plumber Barbara called arrived quickly and was able to put a temporary band aid on the pipe but declared that a permanent fix would be invasive and expensive as it involved some excavation. Along with the bad news, the plumber also surprised Barbara when he told her that he had been to the property not too long before her purchase. The problem then was similar, as was his advice to then owner. He also showed Barbara some of the tell-tale signs that a “good inspector should have seen” that would have contradicted the disclosure where seller denied knowledge of any plumbing problems. The plumber had not been hired by the seller to do more than a triage and figured that the seller had some other plumber do the work.


A furious Barbara wants your help. What to do? I’m sorry, but as you can see, this is not a multiple choice quiz.


Most of you will think that you shouldn’t have answered the phone after pouring the wine. But you will also think that your first task is to call the listing agent to relate what you have learned. I don’t fully understand what a buyer agent expects from the listing agent other than to have the seller alerted to the problem. Reality we know……….no way is the seller going to pony-up the estimated cost of repair based on a call. But, you’re right; you’ve got to give the listing agent the news so it can be passed to the seller.


 What else do you do as Barbara’s agent? Is there any advice you should give her? The agreement Barbara and the seller signed requires the mediation of a dispute. Should you mention this to Barbara? Do you tell her how to initiate the process by contacting the local association? Do you offer to attend and help her at mediation? How about having her get a written estimate of repair and while she’s asking for that, have Barbara get a statement from the plumber as to his history with the seller. And when Barbara gets these things, are you the one to forward them to the seller’s side?


Some of you may question your role here. I know because I got these questions from buyer agents facing similar situations when I took calls on the Hotline. So let me give you the answer that I gave on the Hotline and in an earlier article you may have read.


My answer comes with some preliminary questions. How much are you being paid to put down your wine glass and solve Barbara’s problem? Nada, zip. Yes, you were paid but that was for doing your job as Barbara’s agent in her quest for a home and for the ancillary tasks involved. You are not getting paid, nor were you paid, to handle Barbara’s post settlement problems, claims, disputes and legal matters.


 That is not to say you are not permitted to sympathize or even offer suggestions about mediation and the other things I mentioned above. But you must (and here’s the answer to the quiz folks) emphasize your limitations in this arena of post-settlement issues and must advise the client to consult legal counsel….a lawyer.


Here’s just one example of how your failure to do the above (read the last sentence again, please) can make Barbara’s problem your problem. You give Barbara all of the advice I mentioned above, except for the part about getting a lawyer. You forward the repair estimate (or bill, should Barbara have had the repairs performed) and the plumber’s statement that he had been to the property for the same issue when seller owned it. You go back and forth with the listing agent who tells you her seller may be willing to offer something. Maybe you help Barbara with the mediation process and maybe you’ve contacted the inspector to bring him in to the mediation since he missed the problem.


But when all your seemingly good advice does not resolve Barbara’s issue, and assuming the repair cost is significant enough, Barbara will go to a lawyer. And from her lawyer Barbara learns that her case, good or bad, against the inspector is a no go: “An action to recover damages arising from a home inspection report must be commenced within one year after the date the report is delivered.” (Section 7512 Pa. Home Inspection Law) Had you, buyer agent, sent Barbara to an attorney when you first took her call, the case against the inspector could have been preserved. The year had not yet passed when Barbara first complained to you. You are now working for free, are the subject of a suit claiming you lost Barbara’s opportunity to make the claim against her inspector who is insured against such claims, and therefore the demand for payment is made to you!!!


Fortunately there is still the case against the seller and that too may be complicated by credible defenses (not suggested in this scenario) or by recent events that could have been avoided had you initially advised Barbara to see her attorney.


The answer to the quiz makes perfect sense. You are expert in marketing real estate. You know values and markets. As a lawyer I’d never dare advise a client as to what to demand or pay for real estate. You are paid for what you do and not paid for what you don’t, so don’t do it. Ok, that’s confusing so go with this: don’t do for free something you are not expert in, no matter how obvious to you the path may be (or….a smart person knows what he/she doesn’t know). Its far easier to say “I like you, I value your trust, but as much as I want to help you, you must consult your attorney; I’d feel terrible if I failed to advise on matters for which a law license is required……….this is my best advice to you. I’ll be available to help your attorney by providing information and will cooperate in all ways.”


Did you all pass the quiz?



Copyright © James L. Goldsmith, Esquire 2023

All Rights Reserved.


 Mr. Goldsmith is an attorney with Mette, Evans & Woodside. He serves as outside legal counsel to numerous Realtor Associations and was a staple on the PAR Legal Hotline for many years. A substantial portion of his practice is dedicated to providing advice and counsel to real estate licensees. He defends real estate salespersons and brokers in civil lawsuits and licensing claims across the Commonwealth. He represents Realtors® in disciplinary cases conducted before the Real Estate Commission. Jim was one of the voices of the PAR Legal Hotline for the first 27 years following its inception in 1992.


By Host Mike Berk, LCAR Executive Director April 17, 2025
Featuring Host Mike Berk & Guest Chandra Mast, Red Rose Appraisals Welcome to the fourth episode of The LCAR Corner, the first-ever podcast from the Lancaster County Association of Realtors®. In this episode, LCAR's Executive Director, Mike Berk, chats with prompt specialist Chandra Mast about the cutting-edge trends shaping Artificial Intelligence as we know it. Together, they dive into how AI is transforming the real estate industry—from smarter listings to predictive analytics—and what it means for agents, buyers, and the future of the market. LCAR Members can register for Chandra's upcoming CE course on May 7th , "Fundamentals of Artificial Intelligence for Real Estate Professionals", on their LCAR Portal . Non-LCAR members can register for the course through the LCAR website . Stay tuned every month for more engaging episodes and expert advice from the world of real estate and beyond, right here on The LCAR Corner! Click Here For More Listening & Download Options
By Lisa Naples, Berkshire Hathaway HomeSale Homeservice Realty April 10, 2025
As a member of the Pennsylvania Association of Realtors (PAR) , you have access to a wide range of resources to support your real estate career. Here’s what’s included with your membership: Legal Support & Resources • Legal Hotline: Have a legal or regulatory question? PAR’s Legal Hotline provides information to support your clients. Submit a form online to verify your membership or call 800-555-3390 to receive the hotline number. Access the Legal Hotline here: https://www.parealtors.org/legal-hotline/ • Legal Help Articles: PAR offers an extensive library of Legal Help Articles for members. Browse the articles here (member login required): https://www.parealtors.org/legal-help-articles/ Market Data & Industry Reports • Pennsylvania Housing Market Report: In addition to LCAR's market reports, this monthly report provides insights into housing trends across the state. (Temporarily suspended as discrepancies in reporting are being corrected.) View the latest reports here: https://www.parealtors.org/housing-report/ Governance & Industry Involvement • Committees, Councils & Feedback Panels: Get involved with PAR leadership and decision-making by joining a committee or council. Apply for an appointment here: https://www.parealtors.org/governance/ Education & Professional Development • Webinars & Events: Stay informed with industry courses, webinars, and events designed to help you grow professionally. Find upcoming events here: https://www.parealtors.org/events/ • Triple Play Convention & Trade Expo: A joint convention for Pennsylvania, New Jersey, and New York Realtors, held annually in Atlantic City, NJ. The 2025 event takes place December 8-11. Advocacy & Political Action • RPAC (Realtors Political Action Committee): RPAC helps influence government decisions that impact the real estate industry, homeowners, and commercial businesses. Learn more about RPAC and advocacy efforts here: https://www.parealtors.org/advocacy/ Standard Forms & Transaction Tools • Standard Forms: PAR provides up-to-date standard forms used daily by real estate professionals. Members receive free access to fillable, electronic forms through Lone Wolf Transactions (zipForm edition). Access forms here: https://www.parealtors.org/resources/electronic-forms/ News & Industry Updates • JustListed Blog: Stay updated with the latest real estate news and trends. Subscribe to JustListed here: https://www.parealtors.org/blog/ Exclusive Discounts & Savings • Member Discounts on Products & Services : Take advantage of preferred partner savings on business and personal products. Explore membership savings here (login required): https://www.parealtors.org/membership-savings/ Your PAR membership is packed with valuable tools and resources to help you stay informed, supported, and successful. Take advantage of everything included and make the most of your membership! -Copyright © It's Included! - Your PAR Membership Benefits, Lisa Naples, Berkshire Hathaway HomeServices Homesale Realty. 2025. All Rights Reserved. Facts, opinions and information expressed in the Blog represent the work of the author and are believed to be accurate, but are not guaranteed. The Lancaster County Association of Realtors is not liable for any potential errors, omissions or outdated information. If errors are noted within a post, please notify the Association. Posts represent the author's opinion and are not necessarily the opinion of the Association.
By Host Mike Berk, LCAR Executive Director March 27, 2025
In this episode, LCAR's Executive Director, Mike Berk, sits down with Lititz-based family therapist Stacey Kreitz to discuss mental health, work/life balance, and overall wellness. Stacey shares practical tips for managing stress, preventing burnout, setting boundaries, and creating a work-life balance for those managing a busy lifestyle. Whether you're a Realtor®, business owner, or simply looking to find balance in your day-to-day, this episode is full of helpful tips to improve your well-being and maintain a healthier work-life balance.
By Victoria Medvedeva, Keller Williams Elite March 20, 2025
Ready to dig? Well hold your shovels! In this quick 2 minute read, LCAR's Victoria Medvedeva goes over the quick Do's and Don'ts when it comes to digging on your property. Don't dig yourself into a hole...discover what you need to do when it comes to digging on home properties.
By Dan Ranck, Homesale Mortgage March 7, 2025
In this 2-minute video, Mortgage Loan Officer Dan Ranck discusses how recent changes to buyer agency commissions are impacting the homebuying process, especially for first-time buyers. He highlights the importance of communication between agents and lenders to ensure buyers can navigate these new challenges and secure their dream home.
By Host Mike Berk, LCAR Executive Director February 27, 2025
Welcome to the second episode of The LCAR Corner, the first-ever podcast from the Lancaster County Association of Realtors®. In this episode, LCAR's Executive Director, and your host, Mike Berk meets with Shelby Nauman, Chief Executive Officer at Tenfold, to discuss and learn more about the many programs Tenfold has to offer. From transitional living to first-time homebuyer programs, tune in to learn about the unique connection between LCAR and Tenfold, which has flourished since LCAR members began fundraising efforts back in 1989.
By Lisa Naples, Berkshire Hathaway HomeServices Homesale Realty February 20, 2025
As real estate professionals, we know the value of connections, resources, and staying informed. Your Lancaster County Association of Realtors (LCAR) membership comes packed with benefits designed to help you grow your business, network with colleagues, and access valuable industry resources. But are you taking full advantage of what’s included?
computer screen of audio
By Host Mike Berk, LCAR Executive Director February 7, 2025
In this episode, meet your host, LCAR Executive Director Mike Berk, as he sits down with Tim Keller, LCAR Treasurer and Auctioneer at H.K. Keller, to break down the basics of real estate auctions.
By Nestfully January 23, 2025
Collaborate, communicate, and cultivate client relationships with the cutting-edge app that’s built to keep you at the heart of your clients’ home journeys.
By Chandra Mast, Certified General Appraiser, Red Rose Appraisal January 9, 2025
The revival of nuclear energy as a clean, carbon-free alternative to fossil fuels has the potential to reshape market dynamics in Pennsylvania and beyond. For real estate developers, this shift could result in a surge in demand for commercial properties near power generation sites, as companies look to co-locate their energy-intensive data centers close to reliable energy sources. ..As tech companies explore co-locating data centers near power generation sites, we may see significant shifts in the real estate market. Learn more in this exciting article by Chandra Mast, AI Expert and Certified General Appraiser.
More Posts