When a Full disclosure is too much information

By
Real Estate Agent with INET Realty Honolulu, HI 68131

I went out with some clients of mine a few weeks ago to see an open house at a property that was an estate sale & was listed at well below market value.

The appartment was in a well kept condo, build about 40 years ago, and the listing agent had everyone come to a first open house to check it out. My clients were pretty excited because, while the pictures on the MLS showed it needed some interior cosmetic work, the asking price & the location were very good.

As we were looking around the fully furnished appartment that looked like you had stepped back in time to the 70's, the agent hosting the open house, started telling us about the owner of the place. He shared with us that it was a widower in his 80's who had lived there for over 30 years. He then proceeded to tell us that he died in his sleep in that master bed & that his niece found him, right there laying dead on the bed after not hearing from him for a few days.

My clients were completely horrified at the vision & almost ran out of the premises.

I can understand the agent's feeling that he need to disclose the fact, but did he have to tell the whole details?

I always appreciate knowing the truth, but in this case I don't think he needed to go into the details...

What do you think? Should we always say the truth, the whole truth & nothing but the truth or can some details be omitted sometime?

 

Posted by

Monique C. Ting S e-pro SFR

iNet Realty

1750 s. King street Honolulu, HI 96826

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Rainmaker
4,432,093
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

You should follow state laws about disclosure. If you know of any material defects or anything that will affect the value of the property it should be disclosed in most states.

Nov 30, 2009 08:55 PM #1
Rainer
336,110
Chip Jefferson
Gibbs Realty and Auction Company - Columbia, SC

I think the agent could have left out this detail. What was she thinking? This had nothing to do with the home.

Nov 30, 2009 09:31 PM #2
Rainmaker
73,650
Glen Fisher
National Property Inspections of Southern New Jersey, LLC - Oaklyn, NJ

I don't believe that a natural death is considered a material defect that needs to be disclosed.  However, if asked it should be revealed.

Nov 30, 2009 09:51 PM #3
Rainmaker
5,348,141
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Some agents just talk too much. When that happens, the easy route is to move on to another property. No need for your buyers to have bad memories in their new home.

Nov 30, 2009 09:57 PM #4
Rainer
67,068
Alexandria Virginia
Featuring Susan Craft, CRS, REALTORĀ® - McEnearney Associates - Alexandria, VA
Real Estate Editor

Sounds like the agent has a bad case of for BMS Big Mouth Syndrome.

Nov 30, 2009 10:01 PM #5
Rainmaker
595,611
Associate Broker Falmouth MA Cape Cod Heath Coker
http://www.CapeGroup.com & http://www.REindex.com - Falmouth, MA
Heath Coker Robert Paul Properties Falmouth MA

They say the devil is in the details, and in this case, they may have been. lol. Sorry you lost your sale.

Nov 30, 2009 10:05 PM #6
Rainer
159,100
Monique Ting
INET Realty Honolulu, HI - Honolulu, HI
Your agent under the sun

I am glad that most of you think the same as I do. Of course if the death was violent & the result of crime, that would be different. Sometime people just speak too much! A mention of death by natural causes in the seller's disclosure is more than enough. And I personally think they should have removed the "death bed".

Dec 01, 2009 04:02 AM #7
Rainmaker
131,644
Michele Reneau
Certified Staging Professional (CSP) Elite Instructor - Summerville, SC
Realtor, GRI ~ Charleston, SC Relocation Experts Team

I agree with Glen. I don't consider a natural death a material fact based on my interpretation of our state law.  But the agent could have left it at the client passed away peacefully.  Sorry about the sale.  Hopefully your buyers have found something else without a death bed as a feature.

Dec 24, 2009 01:12 AM #8
Rainer
159,100
Monique Ting
INET Realty Honolulu, HI - Honolulu, HI
Your agent under the sun

Michele,

Yes, looks like most agents think so too! I have yet to find something for my buyers...

Happy Holidays or "Mele Kalikimaka me ka Hauoli Makahiki Hou", as we say here in Hawaii!

Dec 24, 2009 05:44 AM #9
Ambassador
1,090,616
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Well, killing the deal before he ever got one...

In any event...Monique, I think we're thinking along the same lines....

Hope you had a wonderful Christmas Holiday!

Dec 25, 2009 01:40 PM #10
Ambassador
2,134,695
Respect Realty LLC
Respect Realty LLC - Milwaukie, OR
Brokers - Oregon / SW Washington Real Estate

I think that agent is hurting his client. Any buyer who would want to go through with the sale after hearing way to much information especially an investor now knows they just want this property gone as it probably has some bad memories associated with it and will sell it at almost any price.

 

Jan 12, 2010 02:34 AM #11
Rainer
159,100
Monique Ting
INET Realty Honolulu, HI - Honolulu, HI
Your agent under the sun

Todd: You are right. The property actually sold shortly after that open house. The price was good! I am sure the buyer was an investor.

 

Jan 12, 2010 08:13 AM #12
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Rainer
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Monique Ting

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