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How far should you go?

 

Scenario #1: You are under a listing agreement with Client A. After listing the property you become aware of a sex offender living in the home next door. 

 

ABC Agency calls wanting to show your listing, do you make the agent aware of the sex offender living next door so that they can tell there client or do you trust that they have done there job and given there client the required  Sex Offender Registry disclosure to verify the information themselves? 

 

What if a customer calls you direct about the same listing, do you handle it the same way?

 

Scenario #2: You have entered into a Buyer Agency agreement with Client A and have provided the required discolsure in reference to the Sex Offender Registry that directs them to the local sex offender website for more information. Client A wishes to view a property that you know has a sex offender residing next door.  Do you share this information with your client or have you already done your due diligence by providing the sex offender disclosure?

 

 

 

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Chip Jefferson

Chip Jefferson


Exit Real Estate Consultants
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16 Comments on What is your due diligence in regards to Sex Offenders?

FEB
20
2010
322,436 Points 6 Featured Posts Outside Blog Called Shot Master

I guess I would just really hope that I never have to be in that situation.
1:37pm • #1
799,179 Points 72 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Laura, I live in an area in which sex predators are prevalent, have for 30 years. This is due to a state run psychiatric hospital being within 2 miles from my front door. After much research I have found that many websites purporting to be accurate are very much inaccurate in tracking these persons. These offenders are very mobile. I have found that these websites are outdated or more interested in selling other services than protecting the public. I actually worked for a client that was a level 2 sex offender and couldn't find his name in any registry. I found it out from a police officer and asked my client point blank, face to face to get the answer... I don't know if I would feel comfortable pointing fingers per this reason...
Have a great day my friend,
Paul
2:02pm • #2
523,748 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Laura, here in Alabama there are no laws currently on the books regarding real property disclosure forms.  Of course if a latent material fact is known then it must be disclosed.  It is my understanding, particularly if representing the seller, that I can not disclose a near by registered sex offender.  Even if I suggested that the buyers check the national sex offender registry, I could be considered as not acting in my clients best interest.  However, if  representing the buyer I always have them check the registry.  With all that said; if I were representing the seller and a young couple with kids wanted the house...my morals would dictate that I find a way to make the buyers aware.  Although Alabama is Caveat Emptor...I believe we are on the way to full disclosure.

I also have a Brokers license in Illinois and full disclosure is in force:

Megan's Law - Megan's Law was enacted to notify buyers and tenants about the proximity of registered sex offenders. The law requires every purchase contract and lease agreement to contain specific written notice that a database containing information about registered sex offenders may be accessed by buyers and tenants. This disclosure is required for every lease or real property sales contract for residential real property entered into on or after July 1, 1999.

2:31pm • #3
524,617 Points 2 Featured Posts Called Shot Master

I would encourage a seller to make the disclosure (if they and I knew).  If they would not I would not take the listing.
2:37pm • #4
615,359 Points Localism Sponsor Outside Blog

This likely varies state to state as to the responsibility of the agent.
6:11pm • #5
192,093 Points 5 Featured Posts

We also have Megan's law. We tell clients to contact either the sheriff's office or local police station to get that type of information.
7:15pm • #6
FEB
21
2010
1,139,071 Points 139 Featured Posts Outside Blog Called Shot Master

OOH!! Touchy subject especially if you have kids. You can call the PD and get information here too...

Helping you help others live their American dream...
4:10am • #7
157,291 Points 8 Featured Posts Outside Blog Called Shot Master

It is always a good idea for people to check the registries and with the local police department.  In VA, there is a Megan's Law disclosure....in other jurisdictions that I work, the disclosures that the buyer should look into this isn't as noticable.  People have to decide for themselves.  I always tell them to check where they live now to compare.
1:33pm • #8
FEB
26
2010
634,227 Points 10 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I'm going to ask this question in our team meeting next week to see how our agents are handling it.
2:08pm • #9
MAR
18
2010
799,179 Points 72 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

WE miss you I hope you are OK...
1:38pm • #10
APR
27
2010
405,745 Points 34 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Just dropped by to see how things were going in your part of the world!

As others have mentioned I just hope I am never in this situation. Didclose Disclose Disclose!
6:50am • #12
MAY
10
2010

Hey Laura,

It's my feeling that you should disclose if you have the knowledge. I would cancel the listing if the seller disagree's. This is a tough position to be in and I want to sleep good at night instead worrying about withholding this type of information.
2:42am • #13
JUL
18
2010

This is a tough situation.  How far does the agent's responsibility go?  Sex offender information is public record.
1:53pm • #14
JAN
25
2011
1,074,176 Points 2 Featured Posts Hit Router

Laura

Wow, does this hit home. I just had a scenario that put me in a strange position where the owner of a home I had for sale put a tenant in it that did time for hurting a child.
9:10pm • #16
OCT
10
161,438 Points Localism Sponsor Outside Blog Hit Router

Somthing to think about if your  a buyers agent that is for sure.

 

Bret
2:11pm • #17
OCT
17

If I knew it, I would disclose it. However, for something like that, I would disclose it in writing so that there are no emotions involved.

 
3:07pm • #18

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Chip Jefferson

Columbia, SC

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