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When should the buyer sign the Disclosure Form

By
Real Estate Agent with CoastalVa Realty Inc

After reading all the comments on when or what should be disclosed to buyers, I am left wondering, if we are being fair to the buyers we are supposed to be representing.

In the consumer disclosure form in my area it repeatedly puts the burden on the buyer to do all of the research on the property they intend to buy.  An agent mentioned that in New Jersey, they can only refer them to the website.

The disclosure form in Virginia continues to change/evolve, and it has more information on to where to get this information. For example the Megan's law gives a phone number and the website to go do the research.  The previous form only gave the website.  It also gives more contact information on where to look for environmental issues etc.

I made a few phone calls to profesors of ethics in my area, and was able to speak to one of them.  What I came up with that conversation is that since we are in a lawsuit friendly society, we have to think in moral, ethics and what the law requires us to do or not.

If we help the buyer do the research,  (which is what a I have been doing) and later on they find out that there was wrong information, you may/will be liable. It is best to have the buyer do all of his/her own research.Real estate disclosure

The reason that I started doing this for my buyers was because they were in town for a weekend, knew absolutely nothing about the area, and they are relying on me for advice and information.

I have talked to my broker, spoken with a few agents and the ethics professor.  My conclusion is that morally I should be helping them do this research,  if they are in a position which doesnt' allow them to do the research themselves.  eg.. staying at a hotel, buying sight on seen etc

Legally, I feel that to protect my self I will let them do all these research themselves, by giving them the information from the first conversation in which I get the job, as their real estate agent.  That is: explain the consumer disclosure form in its entirety before we go look at properties.  This way, I will be assured that they know what their responsibilities are in the transaction.

Once the contract is signed and accepted, if that consumer disclosure is signed and the buyers do their research later to find out that there is a sex offender next door, major enviromental issue etc... IT IS TOO LATE. 

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Comments(4)

Terri Adams-Scott
J. Rockcliff, REALTORS - Walnut Creek, CA
Realtor, Walnut Creek CA Real Estate

In California, we have multiple disclosure forms that the seller fills out and the buyers sign off on (in most cases).  You don't have any seller disclosure requirements in VA?  In regards to inspections (home, roof, chimney etc.),  that is optional and highly encouraged for the buyers to perform by a qualified professional...and if they don't...they also sign a form saying they are denying to do so.  In regarads to Megan's Law...we also give them information in which they can research on their own.  I can understand your frustration if your state doesn't require any responsibility on behalf of the seller to disclose what they know about the property.    

Mar 24, 2009 04:51 AM
Tere Rottink
CoastalVa Realty Inc - Virginia Beach, VA

Steve:  From now on, I will  be doing that.

Terri:  In the state of Virginia those are two separate disclosures.  Seller discloses any known deffects of the property, but there is a disclosure of all the things that they should know before they present the offer.  I was really only thinking of the buyer in this post.

Mar 24, 2009 12:24 PM
Matt Listro
National Credit Fixers - Matt Listro - Vernon, CT
Your Credit Repair Expert

Hi Terre: my opinion is it is always better to over disclose.

:)

Mar 24, 2009 04:24 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

It is a fine line and I think they will sue us either way, so I say help them. I've give my clients the website and even my laptop if they need to do the research. But, I can't outright tell them that they are about to do something stupid or dangerous for their family.

Personally if I were a consumer, I would sue the agent that didn't help rather than the one that tried to help.

 

Mar 24, 2009 08:21 PM