
Kokua Line
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I was involved in a fender bender. The lady at fault said she didn't want to get her insurance company involved so to take my car to a repair shop run by her husband's friend. Before I could get my car back, the manager said I had to sign a waiver saying I would not sue these people for getting hurt. If I didn't sign it, he said, I would not get my car back. I signed it because I wasn't hurt, but later, I wondered, can they make you sign releases like that? Car repair shop wrong
to demand waiver formFile a complaint with the state Regulatory Industries Complaints Office (RICO) and/or the state Office of Consumer Protection. Call 587-3222.
"If you take a car in for repairs, you should be able to get it back after you pay your money," said Jo Ann Uchida, head of the Office of Consumer Protection.
"You don't have to agree to anything," added RICO's chief, Sharon On Leng.
We are represented by someone in trying to sell our property. We are paying 6 percent commission, with 3 percent going to the buyer. Do we have to pay 3 percent to the buyer if he is representing himself? You have no obligation to the buyer, whether he's represented by a broker or is representing himself, said Calvin Kimura, supervising executive officer for the state Real Estate Commission.
Check the contract with your broker.
"The contract normally would state the percentage amount," he said. "In it, it may say 'Should I find a buyer with a broker, I will probably be splitting my commission with them.' "
You do "not have an agreement with the buyer's brokers," Kimura said. "The commission is between the seller and the seller's broker. If the seller's broker wants to split his commission, that's his prerogative."
While 6 percent is a fairly standard commission, Kimura said it can be any amount. He's "seeing less and more" of that figure, noting "it's a buyer's market."
Another issue, Kimura said, is if the buyer is not a real estate licensee. If that person is "asking for a commission, that could be construed as unlicensed real estate activity."
Kimura's office recommends that the seller and buyer each have his or her own broker.
"If you look at the complaints and lawsuits in our records, one of the common traits is where one broker represents two parties," he said. That's like having one attorney represent both sides in a divorce case, he said.
I called TheBus recently for information. The first operator was rude and answered "nothing" when I asked about a certain bus. She offered no more helpful information. But the second operator I talked to was very helpful. The first one should show more aloha or quit her job if she doesn't like talking to customers! -- C.A. Auwe
To the son who was inconvenienced by "Mighty Mo" watchers who parked near the Punchbowl lookout on Father's Day. I went there spontaneously that day after another spot proved poor viewing. I thought how ironically fitting it was to watch this historical event from this hallowed place, with its ties to this very ship in another time. I found myself moved by the supreme sacrifice of soldiers and families represented and honored at Punchbowl (National Memorial Cemetery of the Pacific), as I walked past and read several names. To all of you, living and past, with utmost respect and gratitude, my heartfelt mahalo and aloha. Especially to you, the loving son visiting your dad that special day. I can only hope that your father was one of those I had the honor and privilege of meeting. -- Joseph A. Cadette Mahalo
Need help with problems? Call Kokua Line at 525-8686,
fax 525-6711, or write to P.O. Box 3080, Honolulu 96802.
Email to kokualine@starbulletin.com