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Sex Offenders and Real Estate the Hard Facts

By
Real Estate Agent with MCVL Realty

I just read a report on Realtor.org which disturbed me greatly.  The report suggest that agents provide clients with information from the sex offender registry.  Some of you may know that I was a police officer for 4 years before I got into real estate.  Now this doesn't make me an expert, but it does give me a little better perspective on some things. 

First I want to tell you that the sex offender registry is not a complete list.  Just because an area doesn't have any sex offenders registered there doesn't mean that there isn't an offender that has failed to register or one that hasn't been caught yet living right down the road.  So I think it gives people comfort where there should not be any.  It is a useful tool, but should not be used as an indicator of anything.

Secondly and most importantly, if you look at this list you are opening yourself to a huge liability in my opinion.  If you learn that a sex offender lives on a certain street then, in my opinion, you should be disclosing this fact to every client you show a house to in this neighborhood forever (or at least until you recheck and can see that the person is no longer living there and there are no new sex offenders).  I know this sounds like a head-in-the-sand type approach, but I don't know any other way around the huge liability this information presents.  We have a duty to let our clients know about neighborhood concerns and this is certainly one of them.  I'm not one two run from risk either, I blatantly tell people if the schools in an area are horrible (followed by statistical data that supports my opinion).  I think you will agree that there is a big difference between a child having a bad year at a school and being sexually assaulted.  If you're not prepared to share the information (good or bad) with everyone of your clients, then you shouldn't look it up.   

If you have a client that is especially concerned about this issue than they are probably already aware of the site, but I don't see a problem with you giving them the address if they aren't.  However I would make sure you explain to them that it is an incomplete list and there are sex offenders everywhere, some registered and some not.

Of course this is just my opinion, if anyone else out there disagrees or has a better solution I would like to here it.  

Anonymous
Very Well Put...
Great post, until now I'm has been overlooked.
Jul 20, 2007 05:08 AM
#1
R. B. "Bob" Mitchell - Loan Officer Raleigh/Durham
Bank of England (NMLS#418481) - Raleigh, NC
Bob Mitchell (NMLS#1046286)

This is a wild issue.  Personally, it makes me wonder why some of these guys are walking free (if they are dangerous enough to the community to where a web site should be made available to track them) when there are people in jail for possession of a couple of ounces of weed.  Why not let the half baked crowd alone and lock the perverts up??

 

Just my opinion.

 

Bob Mitchell

ValueList Real Estate Services, Inc. 

Jul 20, 2007 05:54 AM
Daniel Bates
MCVL Realty - McClellanville, SC
McClellanville and Awendaw, SC

Bob,  You'll get just as many different opinions on that issue as there are people in the world.  I will let you know an interesting fact though: there are also some people on this list who did nothing more than got a little too drunk and failed to use some common sense and got caught urinating in an alley or behind a dumpster.  I always charged people like that with disorderly conduct, but in many jurisdictions you could be charged with public lewdness or indecent exposure and you'd be registering on the list for the rest of your life...so the system is far from perfect and you can't treat everyone the same. 

Jul 20, 2007 06:04 AM
Daniel Bates
MCVL Realty - McClellanville, SC
McClellanville and Awendaw, SC
I saw on the news today where a guy is doing a ten year sentence for a sex crime in which he was 17 and the victim was 15.  The law has since been reduced to a punishment not to exceed one year, but if he can't have his case overruled he will have to register as a sex offender after he is released.
Jul 21, 2007 02:18 AM
Doreen McPherson
Homesmart ~ Scottsdale ~ Tempe - Tempe, AZ
Phoenix Arizona Real Estate ~

Hi Daniel,

In Arizona we provide a Buyer Advisory to clients.  They are then able to check the websites listed to find out answers to questions.  We refer them to websites that have information about schools.   

Jul 21, 2007 07:56 PM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

The "standard" contract for Maryland Association of Realtors refers buyers to the Maryland Sex Offender Registry, but I think you make a really good point that it is not complete.  And some comments that not everyone on the registry is worst-case are right, too.  But at least it takes agens off the hook that the buyer is signing the contract which makes people aware of the registry.  At least, I THINK it takes us off the hook - not being an attorney, 'guess I'd better not say that because someone out there will interpret it as legal advice...

Jul 21, 2007 11:24 PM