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The Sushi Law

The Sushi Law "Do not do what you would undo if caught" ~ Leah Arendt ~ Why is it a home buyer has so few options against a home seller when it is believed the home was fraudulently and intentionally misrepresented? Is it because, "Honesty is for the most part less profitable than dishonesty." ~ Plato ~ There should be a new law to protect the home buyers interests. As in the auto industry the "Lemon Law" was created to protect auto buyers. So should there be a law to protect vulnerable and innocent home buyers. The "Lemon Law" in summary is defined, "The manufacturer, not the dealer, takes care of the defects (State Lemon Law). In my proposed law, the seller, not the buyer, would take care of intentional disclosures of defects. A solution that would protect the home buyer from bogus acts and dishonesty a "raw deal" when buying a home. A law and order that would make the seller responsible for what is proven to be fraudulent and dishonest misrepresentations. There should be a developed and implemented policy created that would define the responsibility for; detection, investigation, and reporting of dishonest and fraudulent activity and would outline specific instructions regarding what should be done when fraud is suspected. I am At a home I once previewed I found a large entertainment center in the master bedroom covering two thirds of a wall. It struck me as odd at the time. Why would this massive piece of furniture be in a bedroom? As I turned to leave the room something caught my eye. I saw what looked like textured paint on the wall. Upon closer examination I realized it was paint that had tiny cracks over various portions of the wall and in places the paint was curling at the cracks. I concluded the problem was possibly from previous water damage. I didn't say anything, but most importantly, neither did the seller. Sellers who try to cover up major problems, defects and flaws in the home by intentionally using large items, such as furniture are dishonest and fraudulent practices. The buyers recourse could be my proposal: The "Sushi Law". Gary Reeser, inspector with G.A.R. Home Inspection told me about a sellers home he had inspected for a client. As he was inspecting the home for the buyer he went past the kitchen and noticed the seller emptying the dishwasher. He said he didn't think anything about it either, at the time, until he went to inspect the appliances in the kitchen and the dishwasher didn't work. When he questioned the sellers about the dishwasher not working they had told him they only store dishes in it, because it didn't work. Gary felt if he had not inspected the appliance, because the impression was given the appliance worked, the buyer would have had a "raw deal". He felt the buyer would have been stuck with either fixing the appliance or replacing it all together once the defect was discovered, after the deal was signed and sealed This "raw deal" that should be included in the proposed law could state: the seller is responsible to detect and repair or replace any appliance that is not functioning properly, when the appliance is attached or connected to any part of the home, before a sale is finalized. Items intentionally manipulated to make them look as though they are in working order could be cause to make the sale null and void or be negotiated, at the buyers discretion. The buyers recourse again could be my proposal the "Sushi Law", section II, Appliances. Consumers are taken advantage of and given a "raw deal" by the seller when information is either omitted or exaggerated. Two good examples are faulty wiring, a very dangerous situation when information is concealed, and the true age of the roof. Two areas that are commonly concealed from the buyer. Both problems could potentially become a major expense for the buyer in a relatively short time. Areas, according to Gary Reeser, that a home inspector does not routinely inspect (interview). One of the benefits of a fraud policy is to minimize exposures to the dangers associated with mishandling suspected wrongdoing. In effect, the "Sushi Law" could eliminate the need for the consumer to hire a costly attorney, which according to The National Law Journal, 43% of consumers say lawyers charge too much for their services ( pg ) My proposal could effect the buyers change purse greatly in the long hull for justice. Instead of hiring an attorney the proposed law could be brought up in small claims court saving the consumer a considerable amount of money. The new home owner would not have the expense of fixing previous owners problems and could move on The proposal would effect the seller by enforcing them to be held responsible to correct any intentional fraud occurrences that were concealed from the potential buyer. The seller would also be responsible to sell the home without major defects. They would be ordered to have any problems corrected along with any other restitution deemed appropriate. I can see some objections the seller would have to my proposal because there are programs that do protect the consumer that are already in effect today. The Fair Housing Act, is one such program, however it is limited to protection from discrimination in housing because of race, national origin, religion, sex familial status and handicap (HUD). Another such protection program is the purchase of a home warranty. The warranty is a service contract that sellers often purchase as a marketing incentive for their home. The warranty covers the cost of repairing or replacing kitchen appliances, mechanical and electrical systems. The seller pays the annual premium, which covers everything that is working the day of the closing, and for a year after. Should something go wrong, the buyer is only responsible for the service fee which is like an insurance deductible of around $ 35 to $ 85 The only problem I see here is I had never heard of a seller offering this program to a potential buyer. Upon contacting my Realtor, Pamela Dickker from Nothnagle, she stated "There are very few sellers that offer the warranty program. Most buyers are unfamiliar with the program unless the home for sale is over 150,000.00" (interview). In my dealings with home sellers, it would be my opinion to solve the sellers eagerness to commit fraud, if fraudulent activities were found, to be made liable to not just repair but replace the defect, pay a restitution to the buyer of $ 1000.00 per $ 10,000.00 value of the price of the home for sale and not allow the party to sell another home for 20 years. These measures, however would prove to be inappropriate based on the criminal activity involved. There is such a thing as an honest mistake for which even sellers are a victim When making an investment as large as buying a home, there has to be protection for the buyer. They are the innocent victim against a seller that knows the home inside and out. An injustice that goes on far too much in "There is no twilight zone of honesty in business. A thing is right or it's wrong. It's black or it's white." ~John F. Dodge ~ It's the "Sushi Law". Arendt, Leah., and Dodge, John F., and Plato., "Honesty." Great Quotations 1 May 2001 *http://www.cyber-nation.com/victory/quotations/subjects/ Glink, Ilyee. "Home Warranty, Selling, Refinancing." Pamphlet, Axis Home "State Lemon Law Summary." Autopedia, The Automotive Encylapedia, 16 May 2001. *http://autopedia.com/html/HotLinks_LemonState.html* A new bill targets "fishy" real estate sales. "Do not do what you would undo if caught" ~ Leah Arendt ~ Why is it a home buyer has against a home seller when it is believed the home was fraudulently and intentionally because, "Honesty is for the most part less profitable than dishonesty." ~ Plato ~ see my note at the end of your essay (also, you need the right in-text documentation... There needs to be a new law to protect the home buyers interests in Real Estate auto industry, the "Lemon Law" was created to protect auto buyers. So should there be a protect home buyers. The "Lemon Law" in summary is defined, "The manufacturer, not care of the defects" (State Lemon Law n. pag.). I propose a law that states, "the seller, responsible for intentional disclosures of defects. " A bill, protecting the home buyer, from when investing in real estate. The law and order developed and implemented would create defining the responsibility for; detection, investigation and reporting of dishonest and outlining specific instructions regarding what should be done when fraud is suspected. I propose the bill as the "Sushi Law." semi-colons only join together 2 complete sentences that are related to each other (at least in 95 percent of the cases). See my example below in blue. At a home I once previewed, I found a large entertainment center in the master bedroom thirds of a wall. It struck me as odd at the time. Why would this massive piece of furniture bedroom? As I turned to leave the room, something caught my eye. I saw what looked on the wall. Upon closer examination, I discovered it was the paint. It had tiny cracks in it puddle of water; the paint was curling at the cracks, characteristic of dried mud. I abnormality was possibly from previous water damage. I didn't say anything, but most did the seller. Sellers who try to cover up major problems, defects and abnormalities, transaction, are committing fraud, a good reason for implementing my bill. To problem with large items, such as in this case furniture, or with rugs, wall coverings or dishonest and immoral practices and should be punishable by law. My proposed bill would the buyer could rely on for protection against concealed cover ups. My proposed bill would state, "The sellers are responsible to provide a safe environment reasonable defects. If such defects proved harmful to the general public and was found the intentionally covered up the defect the seller would be responsible for bring the real estate After I told Gary Reeser, a home inspector, about my paint cover up experience, he told home he inspected for a client. As he was going through the home he went past the the seller emptying the dishwasher. As I listened, he said, "I didn't think anything about it time, until I went to inspect the appliances in the kitchen and the dishwasher didn't work" he questioned the sellers about the dishwasher not working they told him they only stored because it wasn't working. Gary use last name to remain professional. believed if he had not inspected the appliance, because the seller gave the impression the appliance was working, the buyer would have been the victim of a "raw to say, "The buyer would have been stuck with either fixing the appliance or replacing it was discovered, after the deal was signed and sealed with out any recourse" (n. pag.). A be entered into the bill for protection from "raw deals" associated with major appliances working and are intentionally concealed. My proposed bill would state: The seller is responsible to acknowledge defects and a potential buyer to the defect and repairing or replacing any appliance that is not any appliance that is attached or connected to any part of the structure or land, before a Items intentionally manipulated to make them look as though they are in working order is and void the sale or renegotiate the contract, at the buyers discretion. If the fraud was sale the sellers would be deemed in contempt of the contract, a fine imposed, as well as, depending on the severity of the crime. Again the buyers insurance policy would be my "Sushi Law" Section II, Appliances. Consumers are taken advantage of and given a "raw deal" by the seller when information or exaggerated. Two good examples are faulty wiring, posing a very dangerous situation information is concealed, and the true age of the roof, a major undertaking to replace. could potentially become a major expense for the buyer in a relatively short period of time. according to Gary, "That a home inspector does not routinely inspect" (personal A benefit a real estate fraud policy would have is to minimize exposures to the dangers My proposal would effect affect the buyer by protecting their interests in real estate to sue the seller for a "raw deal," as the law would be on their side. The "Sushi Law" need for the consumer to hire a costly attorney when seeking justice against fraudulent in the National Law Journal suggests, "43% of consumers say lawyers charge too much (Attorney Fees 68-69). Under my proposed bill, the new home owner would not have the previous owners major problems and could spend the time and money saved working on customizations. Buyers would finally get a home that is honestly worth the value of the There would be a number of ways my bill would in turn effect the seller. The sellers threatened for one. Another effect the seller would not like is to have to invest in property else's benefit. The effect could also create a bigger monster then he already was by forcing I can see some objections the seller would have to my proposal because there are the consumer that are already in effect today. The Fair Housing Act, is one such program, limited. The act provides protection from, "discrimination in housing because of race, religion, sex familial status and handicap" (The Fair...Act). Another protection option out there for a buyer is also limited to the sellers action of warranty. As described by, Ilyee Glick, an insurance broker, "The warranty is a service sellers can purchase and included in the sale of the real estate, as a marketing incentive for (Glink) The warranty covers the cost of; repairing or replacing kitchen appliances and electrical systems. The seller pays the annual premium covering everything that is working closing, and for a year after. Should something go wrong, the buyer is only responsible for which is comparable to an insurance deductible of around $35 to $85 per visit. According Dickkerson, "The only problem with the warranty program is there are only a few sellers warranty to buyers and usually only to real estate transaction over $150,000.00." (n. pag.). Through my personal experiences with home sellers, my opinion to solve a sellers fraud the punishment would be greater than the crime. If fraudulent activities were found, drastic measures to curb future violators. I would make the seller liable for intentional by requiring the seller to replace, not just repair any substantial defect. The seller would fine for the fraudulent activity of $10,000. My last course of action would be to forbid the having any real estate transactions for 20 years. Such drastic measures, however would inappropriate based on the degree of criminal activity involved. And by giving the benefit such a thing as an honest mistake, even when the victim in the case is the seller. When making an investment as large as a real estate transaction, there has to be protection Innocent victims are thrust into "raw deals" by a seller who knows the real estate inside injustice that goes on far too much in today's society. You need a transition here to link the quote with the rest of your essay... don't just plop it there expecting the reader to make the leap you want him or her to "There is no twilight zone of honesty in business. A thing is right or it's wrong. It's black John F. Dodge ~ It should be the "Sushi Law." Arendt, Leah, John Dodge, and Plato. "Honesty." Great Quotations. 1 May 2001. *http://www.cyber-nation.com/victory/quotations/subjects/quotes_honesty.html*. "Attorney Fee's." The National Law Journal. 15 Feb. 1999. 90-92. Dickkerson, Pam. Nothnagle Realtors. Personal interview. 15 May 2001. Glink, Ilyee. "Why do I need a home warranty?". Axis Home Warranty. 8 May 2001. *http://www.axishomewarranty.com/page3.htm* Insurance agency. "Home Warranty, Selling, Refinancing." Pamphlet. Axis Home Reeser, Gary. G.A.R. Home Inspection. Personal Interview. 6 May 2001. "State Lemon Law Summary." Autopedia, The Automotive Encyclopedia. 16 May 2001. *http://autopedia.com/html/HotLinks_LemonState.html*. "The Fair Housing Act." The Consumer Law Page. Brochures. U.S. Department of Development. 4 May 2001. *http://consumerlawpage.com/brochure/fair-hse.shtml* Bibliography:

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