I was sickened to read this story in the Louisville Courier-Journal.
Here is the short version for those who don't feel like clicking on the link.
A man was arrested and charged with murdering, raping, and robbing a woman. While detained he admitted committing the crimes to a fellow inmate. The second inmate made a deal with the prosecution to testify in exchange for a more lenient sentence on his robbery conviction. The prosecutor agrees and requests leniency from the judge.
While I'm not overly thrilled about Convict #2 winning the jailhouse lottery, I suppose it isn't terribly uncommon. However, here's where everything goes to hell.
The prosecutor DOES NOT disclose this to the defense. Further, Convict #2 testifies he did not receive a deal. Convict #1's lawyers obtain courtroom footage with audio where you can clearly see and hear the prosecutor making a plea for convict #2 because he is helping in another case. Are you freaking serious? The prosecutor didn't know there was a camera?
As a result, a man "who had been facing the death penalty on charges of murder, robbery, sodomy and tampering with physical evidence" was given a plea bargain with a 10-year sentence and is now eligible for parole.
For whatever reason, the prosecutor did not believe in the system. She did not trust a jury could see past the 'deal' and find the truth. In the end, she was fired resigned, Convict #2 is being investigated for perjury, and, most tragically, the family and friends of the victim are left without closure. Sucker-punched by someone who was supposed to help.
Now, this is a real estate blog and I try to stay on topic. The point here is simple. Systems exist for a reason. While you may think it better to 'forget' problems with your home, tell the truth on your Seller's Disclosure form. Trust that buyers (or at least their agents) will understand homes are seldom perfect. The consequences of not doing so are trivial in comparison to the above, but you could easily end up at the wrong end of a judgment costing you much more than if you had been truthful.
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Erik Hitzelberger is a licensed REALTOR with RE/MAX Alliance in Louisville. If you need a Louisville Real Estate agent please email me or call 502.921.3989.
I specialize in the following areas of the Metro Louisville Area: Prospect, Middletown, Jeffersontown (J-Town), Fern Creek, Okolona, Shepherdsville, Mt Washington, Hillview, Brooks and Pewee Valley. Click the following links to learn more about Louisville and Bullitt County Real Estate or to Search for Louisville Homes
Nice post and horrible story and breach of ethics - disclose... disclose... disclose... juries understand that deals get made all of the time - the same as purchasers who understand that not all homes are perfect.
Ryan - You are absolutely correct. This is a tragedy, that could have been avoided if she had just stopped to think about the law or ethics or potential consquences or almost anything.
Why is it no matter how cynical one might be - there are still more things to be shocked about?
Wow! I expect to see it all played out next winter on Law & Order.
It's not just lack of disclosure, it's suborning (???) perjury. The prosecutor could be a defendant soon herself.
Unless she cops a plea and implicates the DA.
Liz - I read this while eating lunch on Saturday and haven't been able to get it out of my mind since. It's surreal.
Jim - Heads would roll for sure if this happened in Jack McCoy's office.
Erik: I concur 100%. If a seller lets on anything to me about a condition at the home I insist it be disclosed, and I always get my way.
Disclose Disclose Disclose just three little words even when it doubt disclose. Thanks for sharing the story with us
The joys of the justice system, I wouldn't expect any less.
Blech ... that's about all I've got.
Erik - My sellers fill out there own disclosures. I tell them to disclose even minor things they fixed years ago....
Well said as always Paul.
Wendy - I agree. Showing that you fixed problems is an indication you cared about the home. Buyers understand and appreciate this. On a separate note, I need to sign up for your class.
Okay... how you tied that into Real Estate.. im amazed. As for the story, what a Retard that Prosecutor is. She must have been new or something. Im not sure what I would do if I were the family member. Hopefully I am not in that situation to find out.
Amen to that, Brother!
Although real estate is not like that criminal case, signing those documents becomes a legal contract. LEGAL- not just an agreement, but something that can and will be dealt with in court if there is any wrong doing by someone in the party. It is very important to make sure your clients are ALWAYS honest and when what they are signing, be it seller disclosure forms, purchase and sale form, etc...
Thanks for sharing, Nicole Weidauer
The Egerer & Weidauer Team, Keller Williams Realty Greater Seattle
John - I tried to think about how I would handle it also. In the end, I just don't think you could ever really put yourself in someone's place for anything as big as this. I certainly hope neither you nor I will ever truly know what it is like.
Nicole - Well said. Win or lose, if you end up in court, you will be paying a lot more than whatever you would have given up on the sale price.