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Should Realtors® be the First Line of Defense Against Sexual Predators?

Should Realtors® be the First Line of Defense against Sexual Predators?

The issue of sexual predators weighs heavily on the minds of many perspective home buyers these days. And, it is not without some justification.

Megan's Law which was instituted in 1994 brought to the forefront the dangers that children face and requires anyone convicted of sex crimes against children to notify law enforcement of the address and status on a continual basis.

The law was inspired by the case of seven-year-old Megan Kanka, a little New Jersey girl who was raped and killed by a known child molester. The Kanka family was unaware that the monster had moved across the street from them and felt that warnings could have averted the horrendous crime.

Now, fearful parents are more vigilant than ever make certain that they are not moving into an area that will put their family into harm's way and seek whatever help is available to them to control this.

But, should that help fall directly on the shoulders of Realtors®?

In this month's Realtor Magazine an article entitled "Sex-Offer Apps: Use With Caution" addresses the issue. It states NAR's position as,

"Even though real estate professionals share the public's concern about where convicted sex offenders are living, NAR believes that it's not the practitioner's responsibility to notify home buyers when offenders live in their neighborhood."

The idea here is that probably the most appropriate and the most effective way to help in this matter is to direct the buyers to online resources where they can get the information first-hand.

Some of these resources include:

www.familywatchdog.us - Family Watchdog. Here, the consumer can put in an address and see exactly where convicted sex offenders live and work. It also details the crimes and dates that they were committed.
www.nsopw.gov - The U. S. Department of Justice's national Sex offender Public Website. In this site you will be able to find information on a specific sex offender by name.
Massachusetts Sex Offenders - This is the Massachusetts site to find information on sex offenders. Every state now has one.

When we as Realtors® are asked for information of any kind it is always tempting to want to do the research and solve all of the problems we can for our clients. But, in an area that is so highly sensitive and involving a potential danger to their family's well-being - perhaps the best course of action is to have buyers read this data directly, with their own eyes.

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Posted by Claudette Millette - Metrowest Mass Buyer Broker on 06/08/2010 01:29 PM

Comments (73)

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73 Comments on Should Realtors® be the First Line of Defense Against Sexual Predators?

JUN

2010

Great information to give to clients. It is difficult not to want to do all the research for clients but important to give them the resources to do it themselves.

Claudette: I was asked by a young Mom with twin girls to find out if there were any sex offenders in a neighborhood where she had an offer accepted. Because the list of sex crimes is so varied, and honestly, because it was her own family to protect, I gave her a website to check. She withdrew the offer the next day after finding offenders on either side of the home that were convicted of crimes against children. She also apologized for being irritated at me for not taking that responsbility into my hands.

Kira:

Absolutely - My first inclination is always to do everything for them but in these cases, I think it is ill-advised.

Chris Ann:

Wow, convicted sex offenders on both sides of the home? It is such a good thing that you gave her that information. Something like that needs to be seen first-hand, I think. And, I am glad that she was eventually understanding about that.

Claudette....

In GA our contracts provide the sex offender database website and place the responsibility to check it directly on the buyer. which makes our job here a little easier.

Richard:

I wonder how many states are doing it that way. Not in Massachusetts. It does make perfect sense and would be a great suggestion for our board.

I check the homes that my buyers are making an offer on first. If I find something that could be of concern, I suggest the state registry site to check for themselves. I had one client that was obsessed with knowing at all times, and realistically you can't. The sites are not updated to the minute and they are only as reliable as the information provided by the offender. Many of them are unknown on the website. We had a child that was murdered due to a sex offender that was at high risk to offend. Problem was that he did not live in the neighborhood. He was a frequent visitor to the neighbor's house and observed the single mom's habits enough to be able to snatch the child. Since the child knew who he was, friends with the neighbor, the child was not frightened. Sick.

Just my 2 cents!

Karen

It is a difficult situation and a sensitive issue, but I believe it shoule be left to the client to research for themselves.

Karen:

What a terrible story and so unfortunate for everyone. That one seems as though it could not have been avoided even with research.

John:

I always do a lot of research on the properties for my clients but this issue, I think, should either be done by both broker and client or client alone. The bottom line is that they should see the facts for themselves before making a decision.

I too make clients aware of the websites and local police departments for information.

Great post on a very touchy subject. I think your approach is correct and one we should all follow.

Debra:

It's the right thing to do and I think is an important step for so many people who are concerned about the safety of their children.

Tom:

Thank you for that.

Even though it is in our contracts, I remind buyers about the option of checking for properties they are serious about. It is amazing how many flags most of those maps have... and even if there aren't any flags, that doesn't insure greater safety.

Claudette, my broker tells us to be the resource to help people and not the source. In FL we are no longer allowed to tell buyers this sort of information.

Claudette - you raise a sensitive issue. and one we need to be careful about. I often have folks ask and I provide the resources so they can decide if, based on the information at hand, if they feel comfortable.

What is disturbing, of course, is that these databases are just that...and they depend on accurate data and predators being registered. As you probably know. there was a recent case here in SD County where the data on the person convicted was not at all what was in the database. There is clearly much more work that needs to be done to ensure greater accuracy.

Jeff

Lane:

You are so right. Actually, 90% of all crimes committed against children are committed by either family members or someone in the child's life. So, any of these notifications are not going to be foolproof. Also, all of those flags are not always adequate indicators of the danger level. But, it is certainly better to be armed with some information rather than none.

Sharon:

That is interesting and is probably sage advice. I think it is best to direct people to where they can actually get the information for themselves.

Jeff:

The databases are only as good as the information that is fed into them. No, I did not know about that case.

Claudette,

Put Maryland on the list of States that makes it the responsibility of the buyer. Its actually in the contract of sale that the buyer signs.

Rich

In Minnesota, our contracts have the State Dept. of Corrections web site and a phone number for all buyers. It is in several of the forms we use. This puts the burden on the buyer to check if they are concerned about it. They get first hand information and we are not in the mix for any kind of mis-information

Claudett, thank you very much for this information. I like the idea of making the sites available to clients if they ask.

God no.

Not only should we not do that for our clients, but we should have them sign a form, telling them we are not going to engage or be held responsible. Here is the police depts or sheriffs office number, give them a call. Would not want that on my consience.

Claudette, just got done with a CE class where we discussed that very subject and agreed with your opinion.

Real estate attorneys have advised me (and fellow colleagues) to NEVER be the source of information, but only to direct clients to where the information can be found, and hopefully, more than one source.

I have never had anyone to ask me whether or not there were known sex offenders in a particular area. I subscribe to our Sheriff's Sex Offender notification here in Jefferson County Alabama. Since I go over the sales contract paragraph by paragraph, I do make a point to explain Megan's Law in detail and explain to the buyer's that as part of their due diligences, it is there responsibility to investigate any possibility of sex offenders in the area.

This is a touchy subject for me right now, considering while I'm not sure if it is a sexual predator per se ... my significant other is dealing with crap online.

Is it the Realtor's responsibility to divulge this kind of stuff ... I don't think so unless it comes up? And if it does, provide the database that is accessible and let the client decide.

I'm not and have never been a Realtor so I won't pretend my approach is anything other than the common man's approach ... or the easy way out because I don't have some Law Degree. But if I think someone may truly be in danger ... I'll speak my mind. It's not anything other than my oath to a fellow human being.

As a wise person once told me, "In situations where divulging information may be problematic, or even illegal, do NOT be the source, be the source of the source".

JUN

2010

the site information is not up to date. More or less offenders can be present relative to the subject property. Best to have the client research, should they cancel for inaccurate information you'll be protected. This applies to building permit records as well. Let the client pull the permit history from the city. Making yourselves the conduit for outside information increases your downside liability even though you're trying to be helpful.

Claudette - I agree with you that it's best to let clients do their own research and reach their own level of comfort (or discomfort) on this topic.

I agree with NAR on this that the information and research on this is best done by other than the agent.

This absolutely is NOT our responsibility. We are never supposed to say things like "this is a safe neighborhood" because if the buyer moves in and gets robbed a week later, you just opened yourself up to a tremendous liability. We can be nothing more than the "source of the source" when it comes to issues of safety.

Hello Claudette and a "Great" post and I have to say YES! I have been working on a book on (sexual predators) that is going to really open up some eyes and help the children, parents and anyone effected by these types of people.

My book should be finished by October of 2010 and I will send you a signed copy if you like! Here is a website connected to my book below.

www.DarkSideofDavid.com

Robert Swetz

Hi Claudette -- I'd LOVE to be the first DEFENSE . . . and my defense would be to . . . darn . . . can't say in a public forum. But, those people need to be weighted with stones and dropped into the ocean. The recidivism rate is extremely high with this sort of deviant. Those sites do nothing when the predator falls off the radar, which they often do.

Claudette,

That's tricky; if I knew of this or gansters living in the area, I would disclose.

Claudette when going over the Megan's Law Disclsoure we have here in CA, I specifically mention to the buyers to do their homework. The form has a gov. website listed, but I also tell them to check other sites, so that there is NO way they can say I sent them to a site that wasn't updated.

Claudette...

It boggles the mind that these creatures never seem to stay in jail long enough to learn anything. We used to live in a County that was infested with predators. It still is. The best we can do, as everyone has already pointed out, is provide info that the Buyers can use to make an educated decision. And the Sheriffs Office is always a good idea. They're usually the ones arresting the monsters. I've come to believe that the Sheriffs office is the best place to obtain up to date info of this nature.

And Guys...

It always best for a Buyer to go directly to the Sheriffs Office with their concerns. The Deputies will sit right down with your Buyer and provide them with the scoop in relation to predators. Law enforcement understands, that we as citizens, have every right to count on them.

TLW...ROAR!

Thank you for all of your insightful comments on this issue. I consider it part of my job to do a lot of research on property issues for my clients but on this matter I think the best course of action is to point people toward the correct resources so they can find the answer first-hand.

TLW:

The local sheriff or police department, depending on where you live, is what I would consider a direct source - they should be able to give the best advice on the area since they are aware of what has been going on in their town.

Robert:

I would be very interested in having a copy of your book in October. Thank you.

Carla:

I couldn't agree with you more. There just aren't enough stones...

I agree with you. . our good intentions can blow up in our faces and get us a lawsuit. . .just pretend you are a lawyer and deflect responsibility. . it;s pretty easy when you do it often enough.

The state of Virginia has a database with this information. It lists where people work and people live and you can look the information up based on proximity to an address. While I do not do the research myself, I will not proceed with writing an offer with a buyer until they have done the research. Computers are everywhere and we just pause so that they can log on and check it out. I do this without regard for whether they have kids or not...it affects resale for all. The only question I ask is, "are you satisfied with what you found out?" That way it is on the buyer's shoulders but I did my duty to make sure they checked it out.

I think it is steering.

We can't talk about schools, we can't talk about crime, and we certainly can't talk about this. Give people the websites and have them contact the local authorities.

I had a listing almost lose a deal once because the buyer found out about a "sex offender" whose address was across the street. The "sex offender" was caught, years before, in the back seat with his high school girlfriend by her military father, who ruined the kid's life.

I'm not sure we belong there. I have 4 young kids and share th concern as much as anyone, but people need to take responsibility for themselves.

I can arrange that!

VB -)

In Pennsylvania, information about where to look up sex offender information is part of every standard agreement of sale. People can look this information up at www.pameganslaw.state.pa.us

As a Realtor I'm there to help and give direction when needed to my clients. When asked about this kind of thing I always direct them to the appropriate places, websites, etc. to help them get an answer. One can't be too careful that's for sure.

Patricia/Seacoast NH

I haven't read all the comments, so this may be repeating what's already been said (or not)... The short answer is NO!

That's a legal liability we don't want and can't accept. There are plenty of online resources and we can provide those WITH THE DISCLAIMER that there may be additional online resources with different information.

Claudette, in Virginia it is up to the buyer to do their due diligence when moving into a neighborhood.

In our county we are instructed to refer any questions about this subject to the Sheriff's department.

It's in our contracts. It is the consumers responsibility to check.

Nothing a licensee or member of NAR can do to protect them from what is in the records, one day, one week, one month, one year... after moving to a neighborhood.

We have a great state site. I worked with transferees years ago who needed way more. I felt sorry for her but could not do what she NEEDED me to do. I hope she got professional help and I am not talking real estate. She had other issues, she felt like Fair Housing laws were something that a good real estate agent would work around for them because she had issues.

William is right about the state of Minnesota and their forms, they even go so far as to require an initial that you have read how to do the research. The problem with all of these lists is that some of the offenders fail to register when they move and someone who is on the list today may move tomorrow.

I don't have a problem with informing buyers of such a thing, but would have to be protected from being sued by the predator himself. In this country even boneheads like predators have rights.

I was really happy when Georgia added it to our contracts. It does put the responsiblity on the buyer, but as I assist a buyer in filling out the offer I always point out that clause and offer them to use my computer to check to see if they are concerned and want to check before proceeding with an offer.

I actually live next door a registered sex offender although he was not at the time I purchased the property, so buyers also have to realize that just because one doesn't live there today doesn't mean one can't live there tomorrow. Awareness and checking the site regularly is the key to keeping your children safe.

Hi Claudette, Difficult subject to deal with effectively. It would be very tough to find an area where there did not exist someone on that list !

One of the first rules taught in real estate is for buyers to do their own due diligence. We cannot be responsible for providing any definitive information and this one is a lulu. Direct and step back.

HI Claudette - I also direct the buyers to do their own due diligence as well.

I have a sheet of varying web sites that I give to my buyers so they can make an informed decision when considering a property.

Since we are not allowed to tell them who is behind every door in the neighborhood, this is my way of letting them know the possibility exists that someone lives in the neighborhood that they might not want to call neighbor.

Take on this job and you are asking for trouble in my opinion. How can you know all of the predators and offenders (they are not the same thing) in your area. Supposed between the time your buyers sign a contract and the closing date, a predator moves in across the street. Are you willing to check and check each day to see who is moving in???? And what if he/she moves in after your buyers do? Should you have known that? What about a visitor?

With so much information available online and even more from the local law enforcement offices, we would be crazy to stick our necks into that noose. We do not comment on the state of the roof or heating/cooling systems, I see no reason for wading into this mess. Get them the places they can go to get information and leave it at that. Our associations contract addendum for this simply directs the buyers to the state record site.

Claudette, in this case it is up to REALTORS to point to the info and not do the research themselves.

I agree that the best way is to refer them to sources intended for this information. I don't feel like it's our place to get into it. If we are in fact aware that there is a molester in the area we should just suggest they look into it.

Absolutely not -- the authorities can't keep up with them, so how are we to do it? The appropriate web address is printed right in our contracts in a paragraph letting the buyer know it is THEIR responsibility to check it out.

Claudette,

Great post! I agree - we should empower our clients with the appropriate information so they can research the areas they are considering.

Excellent post. I always refer my clients to the online Meagan law websites. Personally, I live in a small town, I do not go on the website, I really do not want to know either.

I am interested to see that this is in some states contracts. Not here in Illinois but I wonder how long. I always refer to the Watchdog site. It is not my job to make a judgement call based on an offenders specific crime-my buyer has to do that.

Good bookmark for websites and good reblog, too. Thanks for the post.

Claudette, great post. I think as Realtors, we should all be resources, and not experts. Point your buyers and sellers in the right direction to gain the knowledge they are asking for - ie: websites, city or county offices to contact, school district phone numbers, etc.

I haven't had anyone ask me about the sex offender list for the areas surrounding a house they were interested in. I've been told that we're not allowed to tell them, but we are allowed to give them info in the form of a phone number or website to check for themselves. I'll keep the websites around, in case I do get asked.

Quick question... If we're not allowed to tell someone about this sort of thing, what would you do if your little sister or a close friend was moving, and you were their agent? Don't ask, don't tell? or would you do that for certain people but not others? Just curious...

Eric:

My little sister? You can bet your life that I would tell her. But, that is a different standard - that's family. I would also make sure that she looked at the data herself from the source, not just tell her about it. I think that is key with a lot of due diligence, not simply to make a report out of it but to make sure that the person actually looks at the source themselves even if you have to point it out to them.

I fully agree about family and friends. There's people I'll help and there's people I can, and will, do anything I can to help.

JUN

2010

The Arizona Buyer Advisory provides a link for buyers to do the research on sex offenders. I advise my clients that I cannot do the research for them.

As much as sexual predators sicken me and how cautious we were buying our home (we have 2 girls) I think NAR hit the nail on the head-direct them to the information. If NAR has taken the position that you should tell buyers about sexual predators, what would they do in a case where a sexual predator wanted to list their home for sale? There's a legal issue just waiting to happen. You know the predators attorney would likely state that being a sexual predator has nothing to do with their right to list their home and that it is discriminatory blah, blah, blah and would then try to draw Realty companies into court.

Remaining autonomous was definitely the right move in my opinion.

Claudette...When is it our responsibility? Anytime we would want to know something, it takes on a bigger concern, If I would be concerned about anything to do with the home...disclosure of material facts, or a suspicion about a creepy neighbor...I would have to error on the side of investigation. But that is just me.

Nevin:

Do you mean that you would not list a home for a sexual predator? I don't think NAR has a position on this. But, you could possibly run into some trouble refusing to do that - Maybe that's a whole other blog post.

Steve:

I think you are saying that you, as a home buyer, would do the investigation. I certainly would as well with an issue like this, particularly if I had children.

There is much that we realtors have as our responsibility, but in these times when so much can be found in an instant on the web I think this is best left in the hands of the buyer. I would refer them to several sites and have them do their own investigating.

JUN

2010

Claudette, directing buyers to the appropriate resources is the best thing for us to do as Realtors, as the issue of sexual predators in a neighborhood isn't a material fact about a home, but should rightfully have an impact on whether a buyer (especially ones with children and/or grandchildren) choses to buy a home in a particular neighborhood. I'm reblogging this as well. Thanks for providing this for all of us.

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