Are Rules & Laws Considered Subjective in Real Estate?
If you ask my opinion, they are not open to interpretation and must be followed. Guidelines protect the rights of everyone involved in a sales setting, providing consistency across the board and a sense of integrity among all parties.
Seems the word 'subjective' has been misused in the last several years by people to prove a point or make an excuse for poor behavior or bad decisions. Best to avoid pushing the boundaries of rules and laws that drive our industry, any industry.
Take the Seller's Disclosure form for instance. Once a home seller fully understands the legal weight of the document, ensure it is signed, initialed and dated before the listing goes live. Do not forgo this process or a litigious situation may arise.
If anything occurs during the listing period that adversely affects the integrity of the property and you are aware of it, request that your seller sign new disclosures. You are obligated to relay the information. It's not subjective to your/their discretion.
If potential buyers must enter through a garage rather than the front door because of buckling, sellers must disclose that there may be settling issues.
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A home inspection reveals radon levels in the basement or mold in the upstairs rafters, sellers are obligated to warn potential buyers.
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Discovering that a property is in now in a flood plane after listing it, due to unusual, heavy rains for several days, must be relayed.
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When in doubt regarding a disclosure issue, talk to a broker and avoid becoming the target because it is not subjective. If clients become uncooperative, cancel the listing, it isn’t worth risking your reputation, financial stability or your entire career.
Rules & laws are not subjective in real estate. Disclose! Disclose! Disclose!
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