
Assumptions Create Liability
Where the Problem Begins
A client purchases an investment property and tells you it has been completely renovated. The finishes look new. The staging is convincing. Nothing immediately contradicts the claim.
You accept it.
You did not witness the work. You did not review permits, invoices, or scope. You did not independently confirm what “renovated” meant in practice.
You market the property as fully renovated.
Why it Feels Reasonable
This doesn’t feel reckless. It feels efficient.
The client is confident. The presentation is clean. The market rewards speed. Trust quietly fills the space where verification should live.
Nothing feels off in the moment.
What Actually Happened
The renovation was not done for longevity. It was done for appearance.
Cosmetic upgrades masked unresolved issues. Structural, electrical, or mechanical work was incomplete—or never done at all. The objective was to move the property quickly, not correctly.
A buyer relied on the representation. After closing, the gap between appearance and reality became clear.
A home inspection does not relieve a professional of their duty to verify what they market.
How Responsibility Attaches
The buyer does not pursue the flipper first. They pursue the professional.
Your name is on the listing. You repeated the claim. You presented condition as fact. Professional duty does not evaporate because information was passed along.
Intent does not protect you. Belief does not protect you. Presentation does not protect you.
Responsibility attaches where representation occurs.
AVOID: Substituting Assumptions for Verification
The failure here is not dishonesty. It is substitution.
Client statements replace verification. Assumptions replace evidence. Speed replaces judgment. Due diligence is deferred, and the deferral carries consequences.
Due diligence is not suspicion. It is confirmation. It means understanding what you are representing before you represent it, and knowing when a claim exceeds what you can reasonably support.
This is not adversarial behavior. It is professional discipline.
Matt Cooper
Owner | Broker of Record
Durham Home Key Realty