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Culpable Negligence

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FLORIDA REAL ESTATE SALES ASSOCIATE COURSE

Real Estate Contracts

Section 45 of 45

What if you didn't mean to lie? What if you were just lazy?Definition: Culpable negligence is failing to use the care a reasonable person would exercise. It is "gross negligence."The Scenario: You list a house. The seller tells you, "It's 2,500 square feet." You don't measure it. You don't check the tax records. You just put "2,500 sq ft" in the MLS. Later, it turns out to be only 1,800 sq ft.The Verdict: You didn't intentionally lie, but you were Culpably Negligent. You were too lazy to verify important information.Result: You can still be disciplined by the Florida Real Estate Commission (FREC) and sued by the buyer.Real World Tip:"I didn't know" is not a valid defense if you should have known. If a buyer asks, "Is this house in a flood zone?" never guess. Say, "I don't know, let's look up the FEMA maps together." That is ethical practice. Guessing "No" is culpable negligence.
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