Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-28
OBJECT TO coming
CLAUSE IN SALES.
Real Estate Board Disagrees
With Suggestion Made by
Y Commissioner TaIiaferro.

The proposal made publicly this week
hy District Commissioner Taliaferro
that notation as to the coming CLASH
acation of property should be included
IN the sale contract on such property
n not only unnecessary in the majority
OF resl estate deals but might cause
considerable litigation due TO possible
errors as to coming conditions, the
washington Real Estate Board points
out in a communication to the Com
missioner.
No reputable real estate broker. the
board states, would be a party to sale
contract where the offer was made on
the strength of a statement that coming
conditions could be changed without
there being some qualifying condition IN
the contract.
Persons who claim at yoning hearings
that they understood" when they
bought property that the coming was TO
be changed perhaps make such loose
statements" somewhat in the form OF
argument to support requests for coming
changes. the statement of the board,
Issued by John A. Petty, executive sec
rotary, points out.
Statement Issued.
The statement sent to Commissioner
Taliaferro reads, in part, as follows:
Statements made before coming
Commission hearings. as suggested by
the Commissioner, pTopbably are loose
expressions perhaps used somewhat In
the form of an argument TO support re-
quests for coming changes.
broker viii be party to a sale contract
where the offer was made on the
strength of the brokers statement that
he coming conditions could be changed
without there being some qualifying
satement in the contract. Any practice
1 Z efforts TO sell real estate on the basis
L contemplated coming changes which
re not explicitly and properly ineor-
j Grated in the contract would be tanta-
Z lount to a misrepresentation, which
Guild be condemned by this board.
] hould such instances occur, the way
As open for the parties concerned TO
rotect their interest. just as they would
nm any other Misrepresentation which,
proven, probably would void the con-
act.
THE actual inclusion in all contracts
sales of a full statement as to the
resent coming conditions affecting the
operty, in addition to being unneces-
sry. in the majority of real estate
& les might cause considerable litiga-
IN by reason of possible errors IN
ating the coming conditions. Then,
s. ain, coming conditions are not neces-
rily permanent and contract may
entered into accurately under exist
q conditions. and. within 80 or 60
" vs.. when the final contamination of
I've transaction takes place. it is en-
81 ely possible that during the period a
Eange in zoning has taken place with
4 the knowledge Of either the broker
the purchaser.
The only safe way to adopt such
d an in respect to sale contracts would
81 to have the Zoning Commission issue
1cial certificates certifying as TO the
J. esent coming status Of a particular
0perty This system would involve
ne and possibly expense, which would
rather impractical IN connection with
@ negotiation and sale Of real estate.
Most Sales Homes.
when it is realized that perhaps rs
cent of the real estate sales made
" volve the sale of homes as such, q
lsregsal application of the Commits
1ner's suggestion is unnecessary. The
E sestion OF coming does not enter into
ie transaction of home purchase
cept in instances where the home is
i 9se to the border line of commercial
r. -