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Rainmaker
494,869
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I hope this happens more. A former client I pressed the eject button on did that, on a much smaller scale. Got money to fix a problem, did not fix the problem, attempted to pass it along to buyer and got mad when full disclosure was made.  Goodbye goodbye!
In AZ, disclose, disclose and did I mention DISCLOSE? With only 3 exceptions - having nothing to do with condition. 

Nov 13, 2017 04:31 PM
Rainmaker
3,906,902
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
"Franklin MA Homes"

the best way to stay out of trouble is to disclose everything and anything that would make a potential buyer change his/her mind about buying the property.... that's the rule I always used when I listed property over a 39 year period.... never had any problems....

Nov 13, 2017 04:36 PM
Rainmaker
1,191,346
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

I do not think there is any other state requires more disclosures and forms  than CA. We have a form for everything, and if you forgot to disclosure something you knew or intentionally did not......there are even more hungry lawyers to help to get you. 

Nov 13, 2017 05:24 PM
Rainmaker
223,579
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Wow! If the agents knew, their license should be revoked. In Oregon, we must disclose anything we know about the home. 

Nov 13, 2017 04:38 PM
Rainmaker
67,240
Mike Kelly
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

I work in California and we regularly come up with NEW disclosure laws everytime an agent gets sued. We have some BIGGIES which set the mark for disclosures all over the nation. In our office we have a disclosure for the Transfer Disclosure Statement! Ridiculous? Absolutely but essential in this litigious society! 

Nov 13, 2017 05:38 PM
Rainmaker
533,073
Richard Bazinet /MBA, CRS, ABR
AZuRE Team - Realty ONE Group - Scottsdale, AZ
Phoenix Scottsdale Real Estate

Strong, very strong.

What a nice charming looking couple!

Nov 13, 2017 05:08 PM
Ambassador
3,058,681
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams fox cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Very important, especially if you dont want to spend a lot of time in court.

Sink holes, hurricanes, alligators, and hot muggy weather...

You all should consider moving up North.  Give me a call, I will help you find something that does not have any of these ailments.

Nov 13, 2017 04:58 PM
Ambassador
3,319,203
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

It is mandatory in TN for the seller to disclose the presence of sinkholes or injection wells on their property even if there has been no damage or consequences.

Nov 13, 2017 07:17 PM
Rainmaker
2,266,142
Lisa Von Domek
Lisa Von Domek & Associates LLC Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

Our laws/rules are very strong and you disclose all if you are smart.  But, there will always be some that try to slide and hide and then you see articles like the one you have posted here...

Nov 13, 2017 07:16 PM
Rainmaker
713,296
Thomas J. Nelson, Realtor,CRS,e-Pro
Big Block Realty 858.232.8722 - La Jolla, CA
Co-Host of Mail-Right's: Real Estate Agent Podcast

Ahhh, it's Cali, we are pretty strict. 

Nov 13, 2017 05:53 PM
Rainmaker
605,059
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Virginia is a " Buyer Beware " state for the most part. But, there are laws against " Active Concealment " and you can be sued and/or arrested despite the Caveat Emptor protections.

Nov 13, 2017 05:06 PM
Rainmaker
2,179,900
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I encourage the sellers to tell it all as do I not giving it a second thought. Buyers and their agents deserve no less than that

Nov 13, 2017 05:05 PM
Ambassador
3,331,094
Jeff Dowler
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude - Carlsbad

I'd say they are pretty strong here in CA with a number of things that are statutory. Disclose, disclose, disclose!

Nov 13, 2017 04:49 PM
Rainmaker
624,484
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Hawaii is like California, we require full disclosure of everything known or that should be known by the seller. And agents can be sued if they fail to  disclose any material fact omitted by the seller even if their client instructs them not to disclose it.

Nov 14, 2017 01:11 AM
Rainmaker
3,384,300
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding and Marketing

Fred,

Regardless of what state one is in you disclose it all.  This is not something to mess around with.  Even if the state laws say, you don't have to disclose, we disclosed.  Disclose or be Deposed...even if you are righ, you have to defend yourself and that costs money!

Nov 13, 2017 08:04 PM
Ambassador
1,203,168
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Ours has been full discousre since 1995 as dictated by state law.

Nov 13, 2017 06:53 PM
Ambassador
1,813,328
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Fred, as you know we actually have very specific sinkhole disclosure forms.  I have sellers fill them out regardless of whether there was any issue just because the area had been hit with so many claims in the past. Unfortunately, unless there is something on public records, there is no way for me as a real estate agent to know whether someone has made a claim that may or may not have been paid unless they disclose it. Additionally, different counties have different requirements for the recording of permits and/or sinkhole reports, some do, some don't, and those that do require it, didn't have these systems in place until later when the sinkhole issue became more prevalent (very few claims prior to the market crash).  The insurance companies do have access to the claim information and history of a property but they don't release or disclose at the time the buyer makes their application for insurance (which I think they should). Buyers may consider asking sellers for a CLUE report as part of their disclosures. 

Nov 14, 2017 05:33 AM
Rainmaker
324,543
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Very....

Nov 14, 2017 05:23 AM
Rainmaker
592,341
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Proving what you do not know is impossible.

Be careful regarding what you advocate.

Nov 14, 2017 04:56 AM
Rainmaker
1,273,002
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Fred Griffin Adverse material facts are a required disclosure in my State.

Nov 14, 2017 04:49 AM
Rainmaker
2,067,289
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

They are pretty stringent here. Even if a seller doesn't disclose something, if it's something relatively easily discoverable by the agent, we are obliged to disclose.

Nov 14, 2017 03:29 AM
Rainmaker
2,569,871
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

This is what AZ requires: SPDS

Nov 14, 2017 02:59 AM
Rainmaker
3,298,782
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Our laws are very strong on disclosure

Nov 13, 2017 08:39 PM
Ambassador
2,189,941
Debe Maxwell, CRS
www.AtHomesCharlotte.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

OMG, BOTH agents knew AND conspired?! Holy guacamole!

Bye-bye livelihood, hello orange!

 

Nov 13, 2017 07:37 PM
Rainmaker
4,224,646
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

Thanks for sharing the disclosure requirements in your area.

Nov 13, 2017 04:44 PM
Rainmaker
471,764
Nathan Gesner
American West Realty & Management - Cody, WY
Broker / Property Manager

Oops! That's a pretty big payout to sit on without repairs!

Nov 14, 2017 06:18 AM
Rainmaker
1,599,361
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

PA has been Mandatory since 1996 (residential 1-4 units)

Nov 14, 2017 06:06 AM
Rainmaker
2,341,174
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker

Disclose, disclose, disclose especially when you have received insurance proceeds as a result of the problem. 

Nov 14, 2017 05:46 AM
Rainmaker
2,421,254
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

Same here but thank heaven we do not have sink holes. Most often it is a seller who with holds info, some times the agent really does not know and then the burden of proof says "should the agent have known?" The answer is if there is red flags, if they live in the area and have seen it, but some times there is no red flags and despite asking the seller, it is not told to us as agents

Nov 14, 2017 05:33 AM
Rainmaker
1,287,350
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Area Real Estate

Pretty blatant stuff if it's true. Still have to prove the agents knew of the problems.

Nov 14, 2017 05:27 AM
Rainmaker
2,237,482
Richard Weeks
Dallas, TX
REALTOR®, Broker

Same here.  We must disclose known material facts.

Nov 14, 2017 03:40 AM
Rainmaker
3,186,791
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Fred, we are a reciprocal state, and have similar disclosure rules.  

Nov 16, 2017 03:45 PM
Rainmaker
3,671,630
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Strict.

Nov 14, 2017 02:53 PM
Rainmaker
958,434
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If we know about it, we have to disclose it.  Doubt any arrests would happen here, unless it could be proved they were criminally negligent.

Nov 14, 2017 02:32 PM
Rainmaker
2,422,020
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale - Probate Broker

Now that is The Dark Side.  Evil Intent knowing it would cause harm. Those folks deserve to be in jail. 

Our laws are strong however it generally means lawyer time which is costly and can take years to settle. 

Nov 14, 2017 07:53 AM
Rainmaker
3,887,494
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Good, they deserve to be arrested.

Nov 14, 2017 07:26 AM
Rainmaker
454,130
Mike & Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Greedy dirtbags...

It's always about the money...

Eve

Nov 14, 2017 07:09 AM