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.
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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