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I agree that has probably been the practice with brokers and manufacturers' reps, primarily because it is an emotional purchase, most buyers are usually not prepared with their own contract, and most buyers will accept the manufacturer's or broker's form contract used to protect the interests of the seller and/or the broker.
Although the tradition has been "buyer beware", there is no reason when dealing with a private seller in this market to not be prepared with your own contract that shifts some of the liability to the seller's side. If a private seller is honest and anxious to sell, why not disclose known defects?
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