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The Dangers Of Overvaluing Real Estate

We  all  have done it at one time or another.This decision of America's highest Court has
now crossed the border with Canada and has
When short of listings, the Realtor goes outspilled into Real Estate. A case involving a
and 'buys' one. The process of buying aSeller, a Buyer and a Real Estate Agent
listing is as old as Real Estate itself. Theacting in a position of dual agency is now
agent shows up at someone's doorsteps andpending in front of the Supreme Court of
inflates the value of the property by moreOntario. The Agent first grossly overvalued
than $30,000, $40,000 or even $50,000 overthe subject property at the time he took the
and above the actual market value. I know oflisting, then actually found a Purchaser
agents who have actually listed propertiesready, willing and able to buy at a price
for $200,000 more than what those propertiesclose the grossly inflated asking price. As
were in fact worth. The owner happily signsthe transaction was being financed through an
the listing agreement with those dollar signsinstitutional lender, the underlying case
sparking right in the eyes, and the Realtorinitially also involved an appraisal firm,
happily sticks up a sign right in the frontwhich subsequently has settled out of Court
lawn. Of course the house subsequently doeswith  the  disgruntled  Purchaser.
not sell because it is overpriced, but it
doesn't  really  matter.The decision of the Supreme Court will have
an enormous impact on how real estate is
Or  does  it?practiced in Ontario and possibly throughout
the whole country, and it will be interesting
All the way back in 1988, in a legal caseto see what the outcome will be. The Buyer
entitled Basic Inc. v. Levinson, the Unitedbases his case on the Efficient Market
States Supreme Court endorsed a theory knownHypothesis arguing that he reached the
as 'fraud on the market', which in turndecision to purchase on the integrity of the
relies on another theory known in Economicsasking price and claims, furthermore, that
as the Efficient Market Hypothesis. Thethe dual Agent knew or should have know that
Efficient Market Hypothesis postulates thatthe asking price was grossly over and above
prices of traded assets like stocks, bonds,the market value of the subject property. The
or real property, already reflect all knownBuyer is claiming damages both as against the
information and therefore are unbiased in theAgent  and  the  Seller.
sense that they reflect the collective
beliefs of all investors about the value ofThe line of defence is that the true
the underlying asset and enable investors,meaningful value of an interest in land is
therefore,  to  assess  future  prospects.given by its 'objective value', defined as
the price that the property will fetch in an
In essence the Efficient Market Hypothesis,open and fair market, given sufficient time
which was developed in the 1950's and 1960's,to find a Purchaser, the amount of
states that subject to certain conditions theadvertising involved in the marketing of the
market price of a traded asset fully andproperty, the relationship between the
accurately reflects all the availableparties and the terms of financing. The
information relevant to its value. Under thisadditional argument of the defence is that
Hypothesis, in an efficient market the onlythe truthfulness of the Efficient Market
reason as to why a price changes is that newHypothesis is actually being disputed by
information  comes  to  light.Economists even in its original field of
application: the Stock Market. More
Because market prices reflect all availablespecifically, the defence argues that even
information about an asset, reasoned thehighly developed financial markets such as
Supreme Court, misleading statements as tothe New York Stock Exchange are not efficient
the integrity of price will affect andenough to allow Courts to calculate the
negatively impact the decision-making processfinancial damages caused by fraud, and that
of investors, who rely on those statements asestimates of damages based on the Hypothesis
the primary guide to finalize a purchase.will  be  necessarily  overstated.
Which is tantamount to 'intentional deceit',
more  vulgarly  known  as  ...  fraud.The Realtor in particular contends,
furthermore, that at no time the thought of
That ruling has proven a goldmine forearning a double commission ever crossed his
American trial lawyers, who have won fortunesinnocent mind (he was walking the dog one day
by suing firms for damages when new financialand  ...).
information, often in practice a restatement
of their balance sheets, is followed by aAll of which goes to prove once again the
sharp fall in stock prices of the same firms.point I have been making for years - that is
The fall is treated as proof of overvaluationsellers, buyers, realtors, lawyers and judges
due  to  the  initial,  wrong  statements.invariably make an explosive mix.



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