Jeff Dowler, CRS, The Southern California Relocation Dude (Solutions Real Estate )

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Rainmaker
2,762,979
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Yes.  And I explain the disclosure laws and consequences of them not disclosing.  I also ask them ... if you were the buyer would you want the seller to disclose what they know and be truthful and honest?  The answer is always ... yes.  And I say ... then why would you not want to do the same? 

Jan 14, 2016 03:03 AM
Rainmaker
679,884
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

GOTTA disclose, sir/ma'am, if it materially/adversely affects consideration to be paid. You won't? I can't? Bye!

Jan 14, 2016 03:19 AM
Rainmaker
4,310,206
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Jeff,

I would not take the listing if they did wanted us to hide the fact.  If this is the tone of their modus operandi, I think it is a clue to how things may go as time goes by.  This is after all California we live in.  We have had top notch real estate attorneys tell us and at our staff meetings, DISCLOSE, DISCLOSE, DISCLOSE!  It is not worth the few dollars someone thinks they may save by not doing so.   And our license is at risk.  A

Jan 14, 2016 03:13 AM
Ambassador
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I would first ask why just our of courtesy, then I would probably walk. As Oprah says, once someone shows you who they are, believe them.

Jan 14, 2016 07:42 AM
Rainmaker
519,068
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Jeff,
Disclosure is one of the first things I explain. Sellers who might have thought of not mentioning something usually come clean after that conversation. Never a problem so far.

Jan 14, 2016 03:10 AM
Rainer
178,090
Bob Betel
Allstar Home Mortgage, Inc. - Sweetwater, TN
President, Allstar Home Mortgage, Inc

I would tell them you have to disclose. Don't get caught up in their problems.

Walk away if you have to, but explain the rules to them.

Jan 14, 2016 05:05 AM
Rainmaker
4,796,451
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I've had it happen.  I told the seller that I had to disclose it as part of my legal responsibilities.  He squawked a little and then agreed to disclose.

Jan 14, 2016 03:40 AM
Rainmaker
3,238,750
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Yes.

Yes.

Disclose now or Mrs Kravitz(the nosy neighbor) will and how will you explain that to a judge?  If they refused(or lied), I'd say this we are not a good match.  

Jan 14, 2016 09:43 PM
Rainmaker
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Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

No, I have never had an issue of a client questioning anything to disclose.

Jan 14, 2016 10:37 AM
Rainer
42,255
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

Now that I know I have to disclose. If I see something that should be disclosed I have to disclose that too. If you won't disclose I cannot work with you.

Jan 14, 2016 09:36 AM
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Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

It is illegal to not disclose issues and to not speak up as a Realtor is also illegal and immoral.

Jan 14, 2016 09:05 AM
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Anna Banana Kruchten CRB, CRS 602-380-4886
Phoenix Property Shoppe - Phoenix, AZ
Arizona's Top Banana!

Jeff I'd pull out our Seller Property Sellers Disclosure and it says disclose disclose - that would take care of it. And if they refused to they'd have to hire somebody else.

Jan 14, 2016 08:48 AM
Rainmaker
1,366,727
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Jeff Dowler CRS I would explain the disclosure and if they still insisted, I would walk.

Jan 14, 2016 04:40 AM
Rainmaker
797,159
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Jeff - Of course I would say that anything that materially affects the property needs to be disclosed. We have a SPDS form that sellers need to complete, and that is where a lot of these things would go.

If they wanted to hide something, I would have to walk away.

Jan 16, 2016 06:56 AM
Rainmaker
534,100
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
RE/MAX Valencia, Stevenson Ranch, Santa Clarita

I disclose everything that should be disclosed.  One time a seller wanted to hide that a water pipe has previously burst. I put it in my disclosure.  Near the end of escrow the same pipe burst.  The selling agent said the seller didn't disclose this.  I told her that it was disclosed in my TDS.  That was the end of the discussion.  I was able to show the seller that I had their back, they were quite happy.

Jan 15, 2016 08:49 AM
Rainmaker
4,019,646
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If they ask if we have to disclosure, it most likely HAS to, and have to have that conversation with the seller.

Jan 15, 2016 02:21 AM
Rainmaker
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Brenda J. Andrew
ULTIMA REAL ESTATE - Corpus Christi, TX
Professional Realtor in Corpus Christi, TX

I had a seller that was under contract once who had a plumbing leak.  She said not to tell the buyer the issue was being fixed and by whom.  The owner was acting very suspicious, we have to disclose and show proof the work was done.  I told the buyer's agent it was being done.  The owner was furious with me.  The buyer was an attorney and the deal fell through because the buyer thought the owner was trying to pull a fast one.  I ended up letting the seller go.  It is not worth it to work with someone like that.

Jan 14, 2016 09:26 PM
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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I tell them to disclose it.

Jan 14, 2016 08:20 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

That is a great time to explain the importance of disclosing everything, much less expensive to disclose now than to pay for it later after the lawsuit.

Jan 14, 2016 07:36 PM
Rainmaker
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Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Jeff. That would require some education, as it is not worth the risk that could come as a result.

Jan 14, 2016 05:09 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

yes.  I explained they'd need to explain it on the disclosure and the home inspector would likely address it as well so they may as well go ahead and repair it and put THAT repair on the disclosure. They did.

Jan 14, 2016 02:26 PM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I have had them ask if they had to disclose since they already got it fixed and I tell them yes.

Jan 14, 2016 12:55 PM
Rainmaker
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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

I usually explain their responsibility about filling it out completly before they start on it.  If there was an issue and they disclosed it, the buyer couldn't come back and sue them over it.

Jan 14, 2016 11:22 AM
Rainmaker
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Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

I try to head off these kind of disclosures before the seller has a chance to tell me about a problem.

Jan 14, 2016 11:14 AM
Rainmaker
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Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Disclosure & fraud are two distinct issues.  Why would we want to be party to fraud?

Jan 14, 2016 11:05 AM
Rainmaker
3,063,664
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I tell them to disclosure disclosure everything.

Jan 14, 2016 09:01 AM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I do not hide anything.  I would rather cancel a listing than do that.  If they ask if something needs to be disclosed... "When in doubt, disclose, disclose, disclose."  I can also reach out to the state's legal hotline too.

Jan 14, 2016 08:54 AM
Rainmaker
79,943
Linda Guess
Keller Williams Tri-Lakes Branson, MO - Branson, MO
Branson area real estate sales.

Defects must be disclosed.  I would explain this.  If the seller refused, I would decline the listing.

Jan 14, 2016 07:53 AM
Rainmaker
729,345
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Yes. I usually tell them it's best to disclose, and anything can be fixed. Agents have higher duty to disclose than sellers.

Jan 14, 2016 07:05 AM
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Belinda Spillman
Aspen Lane Real Estate Colorful Colorado - Aurora, CO
Colorado Living!

I listed a home where the husband hung himself out in the barn.  The wife did not want that disclosed and Colorado law proptected her wishes.  I was very unfortable with the situation.  Never did sell that place.

Jan 14, 2016 05:37 AM
Rainmaker
743,047
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

"Dear seller, available to buyers today is a vast array of resources and professionals. It is an exercise in futility to attempt to hide a defect. They will find everything you wish to hide and 15 things you did not know existed. Those are just the facts.

Your choices are in order of preference:

1. Have house pre-inspected

2. Correct all safety issues and material defects

3. List house "as is" with "30 year old asphalt shingle roof" as the opening line.

4. Disclosure must be made but not until a buyer shows intent.

5.  You could change ownership instrument.

Then we should be good to go,"  I explain.

"OHhhhhh, I guess we should just disclose what we know."

"Now that's a plan I can work with! Let's get these docs signed."

Jan 14, 2016 05:36 AM
Rainmaker
597,216
Mitchell J Hall
Compass - Manhattan, NY
Lic Associate RE Broker - Manhattan & Brooklyn

We sell properties in NYC as is. The purchaser must rely upon its own investigation, rather than upon the Seller's representations, with respect to the condition of the property. The basic theory in NY real property law is "caveat emptor" meaning let the buyer beware. We don't have disclosure packets like many other states. (only agency and lead paint disclosure form)

Having said that, I will disclose material facts about the property that I know of that may affect the value of the property.

I just recently sold a listing where the seller informed me of a bed bug infestation. I told him that must be disclosed. While I didn't advertise that information or include it in listing data, any buyer that expressed an interest I then told them and their agent that there was an infestation and it been handled and eradicated.

If I had not disclosed and they found out during the due diligence process. I beleive it would have been a problem. 

Honesty and being up-front is the best policy. 

 

Jan 14, 2016 05:02 AM
Rainmaker
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Joy Bender
Compass - La Jolla, CA
San Diego Partner - The Private Client Team

I recently had a seller ask regarding a peaceful death in the home. It was a very eastern Asian populated area and did cause a problem with buyers but we had to disclose.

Jan 14, 2016 04:46 AM
Rainmaker
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Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

I do not play those games, if I know about a material facts that may affect the value of the property, I disclosure and recommend my client to do the same. 

Jan 14, 2016 04:18 AM
Rainmaker
1,237,982
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

ALL known defects are to be disclosed by the seller!

If you find something after you must disclose as well.

Jan 14, 2016 04:10 AM