We had an appraiser at our business meeting talk to us about a situation in which he had to do an appraisal for a home that was next to a registered sex offender. The home wasn't selling and he found out that the sex offender lived next door, so he had to disclose that in his report. I am wondering if anyone as a real estate agent is dealing with this issue, and what is our responsabilities as a buyers agent? I am not sure if this effects only my state, or if it is a national issue. Let me know what you think.
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Realtor - Poplar Grove, IL
In Illinois we've been told that if we are aware of a sex offender nearby, we should recommend to our client to search the list. We have been informed that disclosing a matter such as this could lead to severe problems.
too your success,
Jeff
http://www.homesinnorthernillinois.com
Jun 13, 2007 05:16 AM
Business Attorney and Success Advisor - Los Angeles, CA
I practice law in Idaho, and I can tell you that this is NOT a required disclosure for agents. This would be deemed a "psychologically impacted" property, meaning (under Idaho law) the real property itself is not affected (unlike mold or structural damage, for example).
Here's what I found in the Michigan statutes. It might be the best place to find the "official" answer to your question. (I'm not licensed to practice law in MI, so this is friendly advice, not legal advice...just like a lawyer, huh?)
Michigan Code 339.2518 states that "an action shall not be brought against a real estate broker, an associate broker, or a real estate salesperson under the following circumstances: ... (c) For failure to disclose any information from the compilation that is provided or made available under section 8(2) of the sex offenders registration act, 1994 PA 295, MCL 28.728."
Hope this helps!
Jun 13, 2007 05:19 AM
THE PODGURSKY GROUP @ Re/Max Direct - Boynton Beach, FL
THE PODGURSKY GROUP - Make the Right Move!
I don't think he HAD to put that in his report... I believe it would have to do with privacy issues and stigmatized property laws.
I think he is treading on very thing ethical ice
I would contact USPAP or some of the appraisers here to find out their take
I would love to inform all my clients about such issues...but there is a point where your due diligence and watchdog nature cross out of the grey area....careful
backing up to what Jason R said, Michigan may have that law but not all states do...sometimes it is just considered Buyer Beware!... you don't do your own due diligence, then it is your fault in some interpretations!
Jun 13, 2007 05:26 AM
@Home Realty Lakeshore - Holland, MI
Holland, Michigan Realtor
But don't you think as a buyers agent we should point out clients to the website where they can find this kind of information? The fact that he found out about the problem, by Michigan law forced him to disclose this information. He was told that if he didn't he could loose his license. I just think that it is an issue that is going to be more of an issue down the road.
Jun 13, 2007 05:31 AM
Sold Buy the Sea Realty & R.E.N.T. - Wilmington, NC
REALTOR, GRI, CBR, SHS, e-PRO, ABR
I have a link to that the three local databases in our area on my website. I actually just sent the links out as part of my monthly "tips" to my personal database last month. I make it available, but it's up to the client to research it if they want to know. Same with crime statistics and other demographics.
Jun 13, 2007 05:39 AM
THE PODGURSKY GROUP @ Re/Max Direct - Boynton Beach, FL
THE PODGURSKY GROUP - Make the Right Move!
Luke...leading a horse to water and handing him a drink are two different things... ethically there are certain things you have to avoid as a Realtor.. .you need to call your broker and probably your licensing authority for an official answer...
Gregory's comment might be your answer...
Jun 13, 2007 05:46 AM
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County
I refer buyers to the Florida Dept of Law Enforcement website to conduct their own research. For questions about crime, etc, I send them to the law enforcement folks.
Jun 13, 2007 05:57 AM
THE PODGURSKY GROUP @ Re/Max Direct - Boynton Beach, FL
THE PODGURSKY GROUP - Make the Right Move!
Gary - I believe that is the official and ethical way to function on our state
Jun 13, 2007 06:30 AM
805 County Real Estate - Camarillo, CA
Real Estate Agent - Camarillo CA
In our state, CA, as the buyers are signing an offer it is stated in the offer that the buyers should look up the appropriate web sites for locating sex offenders.
Jun 13, 2007 07:16 AM
@Home Realty Lakeshore - Holland, MI
Holland, Michigan Realtor
Mana, I think that that should be mandatory for all purchase agreements. Does that seem to affect any of your deals, or the market at all?
Jun 13, 2007 08:02 AM
805 County Real Estate - Camarillo, CA
Real Estate Agent - Camarillo CA
Not at all. It even makes the parents more grateful that we are looking out for them.
Jun 13, 2007 08:39 AM
Keller Williams Realty - Ann Arbor, MI
Ann Arbor Area Real Estate
Yes, I too provide a website for the client to do their own research. I do live and practice in Michigan.
Jan 12, 2008 07:50 AM
Rainer
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Luke Bouman
Holland, Michigan Realtor
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