You take a jet liner from Honolulu to Seattle. It's a day light flight with clear skies. The plane lands safely (maybe the onboard computer puts it down). You're thinking those pilots are overpaid. You take the same jet liner, at night, when there's a vicious cross wind at Honolulu and dense fog at SeaTac. You're thinking those pilots can't be paid enough when my life is on the line.

Similarly, some real estate transactions move ahead with little or no turbulence; others, as in the fog and crosswind situation, are fraught with dangers. With an attention to detail bred in the bone, your Windermere agent foresees problems. Your agent heads them off with due diligence and proper contract provisions. The trained professional makes it looks easy. That's attention to detail and experience at work ?c earning its keep.

When the unforeseen occurs in a real estate transaction, when things go wrong that could not be anticipated ?c the sudden crosswind, the fog bank ?c then your agent really earns that commission. As the case with air flight, despite best planning ?c real estate transactions can get bumpy. It's then that you want your fate in the hands of the best professional the industry can produce ?c you want a Windermere agent to bring your plane in on time, profitably, and safely.

What can go wrong? What are some of the pit falls of a real estate transaction? Please consider this list drawn from real cases.

Discrimination Claims. There are 7 protected classes under the Fair Housing Amendments Act of 1988. Also, state and local governments may have additional laws and categories: Race, Color, National origin, Religion, Sex, and Disability. As a buyer or seller you need proper advice ?c in advance.

Do I Have to Disclose that My Siding Manufacturer is a Class Action Target?. If manufactured siding is in good condition today, the seller might with some justification think they do not need to disclose that the siding manufacturer is the target of a class action lawsuit. However, if the buyer is not informed of a suspect product and it later fails, there is a good chance the buyer will involve the seller and agent in a lawsuit that will be burdensome and costly whatever the result.

Do I have to Tell Them I Need to Sell My Old Home to Have Closing Costs? The consequences for failing to disclose material facts about the parties (I've got to sell my present home to have enough closing costs to buy the new home) are as serious as the consequences for failing to disclose defects in the property (the roof leaks). You could be sued for nondisclosure. For example, if a buyer must sell his house before he can purchase another, but makes a non-contingent offer, that fact is material to the transaction. If a buyer who has given a promissory note for earnest money gambles away half of the funds, his inability to pay the note is material. If a seller has decided to file for bankruptcy before the closing date, that fact is material.

I Have to Pay What! Surprise Charges. Your sale closes. A few weeks later, enraged buyers complain that they got a big, unexpected bill from the sewer department or a local improvement district (LID), and demand to know why they weren't told about it at the time of sale. A variety of charges and assessments do not show up as liens on the title report and so may escape notice until the new buyer gets a bill. If the parties have not adequately negotiated the specifics in their agreement, an expensive legal battle can result.

Failure to Give Lead Paint Disclosure Could Result in Fine. Federal law now requires homeowners and real estate agents to disclose information about lead based paint to buyers of homes built before 1978. The buyer's right to receive this information cannot be waived, and violation of the statute is punishable with fines of up to $11,000 per violation. If the seller or real estate agents fail to make the disclosures before acceptance, the contract is valid, but the seller and real estate agents are subject to fines and may be liable to the buyer for three times the buyer's damages plus attorney fees.

"It Was fixed." The seller of a home had experienced flooding from a blocked culvert on a neighboring property three years earlier. Each time the culvert became blocked, the county cleared it, and the flooding stopped. A year before the sale, the culvert became blocked again, but the flooding did not reach the seller's property. The sale took place more than a year after the last time the culvert was blocked. When the seller completed the Disclosure Statement, he "no." to flood or water problems. After the purchasers moved into the house, the culvert again became blocked, causing minor flooding on the property. The buyer sued the seller and listing agent and recovered $38,000.

I Thought the Warranty Covered It! Many people believe that new houses come with an automatic one-year warranty covering anywhere from "something" to "everything". This is simply not true. Except for the single, rather limited "implied warranty of habitability" discussed below, there are no other warranties or guarantees of any kind which come with a new house. So, if you want a warranty, you need an agent that know you have to get the builder to provide one in writing.

Should I Disclose the Sex Offender in Our Neighborhood? Thousands of former offenders are registered in Washington state. The issue is likely to arise after the fact when a new homeowner discovers that they now live in the same neighborhood with a convicted sex offender and want to sue the seller.

Abandoned On-site Septic Systems. Septic system problems have been the subject of many lawsuits against sellers so it's important to know what to do in the event a listing has an abandoned system on the property. The penalties for violation can be severe, including criminal prosecution and fine, a civil suit for damages, an order to abate at the owner's expense and an order that the home be vacated until the nuisance is abated.

One of the Owners Dies During the Transaction - Now What? The "seller" may become the "estate" of the deceased and the sale may require court approval.

The Pest Inspector Turns out to Lack Proper License. A structural pest inspection is the most important inspection conducted on a property. Damages uncovered during these inspections have the greatest potential cost of repair. The law is very clear. Any individual who inspects properties for wood destroying organisms (termites, carpenter ants, rot fungus), damage by these pests, or conducive conditions leading to their development must be properly licensed and insured. What to do when it comes to light that the pest inspector hired is not licensed, insured, and no valid ICN (Inspection Control Number) appears on the inspector's reports?

Property Insurance Denial Kills the Deal. Insurance companies stung by the high-cost of mold and water damage cleanups and investment portfolio losses sometimes refuse to issue homeowner's insurance policies on houses that have a negative claim history, especially for water damage claims. In a few instances, the buyer was not informed of the coverage rejection until after closing. Some homeowners have been forced to pay exorbitant premiums to keep the property insured.

Consumer Protection Violation Looms if Advertise a Home Incorrectly as to Bedrooms. Any house on a septic system cannot be advertised as having more bedrooms than what the septic system has been approved to support. If a home is on a septic system which has been approved for only three bedrooms, the house cannot be advertised as having any more than three bedrooms even if it has more. Courts have held persons responsible for such advertising liable under State consumer protection act laws.

Gramm-Leach-Bliley Act.- Surprise! You Can't Check on the Status of the Buyer's Loan. You accept an offer contingent on the Buyer obtaining a loan. The parties sign a financing contingency agreeing the sale is conditioned on the Buyer securing financing within a certain time period. In order to protect your interest you decide to contact the Buyer's lender and inquire about the status and progress of the loan as allowed by the Purchase and Sale Agreement. You call to request the information and the lender tells you they can not release the information because of the Gramm-Leach-Bliley Act.

You Think You Own Part of the Adjoining Property by Adverse Possession. Your driveway and garage encroached slightly over the boundary onto your neighbor's lot. The improvements had been in place since at least 1937, and there was no dispute that you had been using the property as your own for more than 10 years. Adverse possession, right? Wrong! old document surfaces showing that a predecessor acknowledged in writing that he had permission from the neighbor for the encroachment.

My Seller is a Foreign Person and I End Up Paying the IRS? Federal law provides that if the Seller is a "foreign person," the Buyer must withhold 10% of the amount realized from the sale ?| and pay it to the IRS. Failure to do so means that the buyer involved in the sale can be required to pay that money to the IRS.

Dishonored Earnest Money Checks. The buyer's earnest money check was returned by the bank. The seller must be immediately informed that the check was dishonored. The form purchase and sale agreement states that time is of the essence. This means that the deadlines will be strictly enforced. Once the deadline for depositing the earnest money passes without performance, the buyer is in breach, and the seller might have the right to terminate the agreement.

Earnest Money is form of a Promissory Note. If the earnest money is in the form of a promissory note, but no one verifies that it is timely paid.

Sewer is "Available" at the Cost of $50,000! The listing said sewer was "available." After you move in, you discover that, in fact, the nearest sewer main was 150 feet away, and to connect to the neighbors' side sewer would have required the permission of three neighbors. The cost of connecting to sewer may reach $50,000.

Party to the Purchase and Sale Agreement Wants Out Because Legal Description Not Attached. The Purchase and Sale Agreement said "legal to be attached;" in fact, the other part neglected to do so. The Washington Supreme Court reaffirmed that an agreement for the sale of real estate is unenforceable without the proper legal description. Until the legal description is included, either party may be able to get out of the transaction.

You Sell Your Property "As Is" and Still Get Sued. As seller you knew that there were septic problems and that the well water was likely contaminated. You also knew that during the wet season the back portion of the property didn't drain, yet told the buyer that the ditch in the back would handle any rainwater or runoff. Two days after the buyers moved in the well went dry. Problems with the septic systems developed. The toilets backed up and could be flushed only twice each week. And, the property flooded. Buyers sue. After testimony, the trial court concludes the "as is" clause was not bargained for and, therefore, would not be given effect. The "as is" clause was not drafted properly.

House Does not Appraise - Buyer Threatens to Drop Out. The buyer's lender sends out an appraiser to the property. The appraiser concludes that the value of the property is far less than the agreed upon purchase price. The buyer cannot proceed with the sale because it cannot bring the extra closing costs necessary to close. The purchase looks like it will fail.

Buyer Wants to Store Items in the Seller's Garage in Advance of Closing. You want to cooperate, but what if the garage floods or there's some damage to those goods while they're in your custody?

Seller Wants to Stay in the Home for Three Days after Closing. The seller informs you that they want to stay in the house and get ready for the next move. You own the house, but the former sellers are living in it. Should there be a rental agreement, what if they don't leave, who's casualty insurance covers the loss if the house burns down with the former owners in it?

Hold Back Part of My Purchase Price Even Though We've Closed the Transaction! You're the seller. The buyer's house inspection turns up things you should repair, but they can't be done before closing and it's not possible to lower the purchase price or credit the buyer on the closing statement. Part of hour purchase price must be "held back" in escrow. It's crucial how the hold back is drafted.