Mott Marvin Kornicki, Waterway Realtors, Notary Public 786-229-7999 (Waterway Realtors® • South East Florida • Real Estate Brokers)

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Rainmaker
1,221,560
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty

Ha ha ha

When it is a listing - there is not "confidentiality" - disclose!

Nov 08, 2019 09:39 AM
Rainmaker
3,394,895
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

I have "confidence" that karma has a place in life.  In real estate, there is disclosure.   Check each state law as this seems to vary.  Conscience too.  But that's another subject I imagine.  

Nov 08, 2019 09:24 AM
Rainmaker
3,178,194
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

NC law requires that I disclose all material issues and in fact requires me to "inspect" the property thoroughly enough to see them. And I'm obligated to do this whether sellers wants to disclose or not. Has nothing to do with whether the seller is a friend.

Nov 08, 2019 09:06 AM
Rainmaker
740,954
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

UNLESS the seller has no or limited knowledge of any condition issues that would materially and adversely affect consideration to be paid . . .

that's going on the Seller's Property Disclosure Statement.

 

Nov 08, 2019 09:04 AM
Ambassador
1,660,165
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Helping you find your way home.

All material defects need to be disclosed.  The key is the term "material".

So that doesn't mean I have to disclose that the door creaks, and the windows rattle.  But if it's truly "material"... (asbestos, mold, structural, foundation, roof)... then it must be disclosed.

Nov 08, 2019 10:13 AM
Ambassador
4,325,697
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Must disclose all material adverse facts, we have a form for this that we upload with the condition report to the assoc docs on the mls.

Nov 08, 2019 09:40 AM
Rainmaker
1,653,600
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

When it comes to the business transaction - no friends. It is a business.

Nov 08, 2019 09:13 AM
Rainmaker
1,257,352
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Some items are required to be disclosed at different points in the process.  Best to check with your state laws.  You have a duty to disclose everything you know for a fact about the house.

 

There was one in town that was haunted, like Ghostbusters (original) library scene haunted.  That was publicly disclosed and it sold to a haunted house tour company.

Nov 08, 2019 09:00 AM
Rainmaker
424,594
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

We have a 6 page Seller Disclosure Statement that the seller fills out. If a seller told me about an issue but did not disclose it on the Seller Disclosure I would encourage him to amend his Disclosure form. If he refused I would have to inform him that while he can choose not to, I do have to disclose any material facts that I'm aware of.

Nov 08, 2019 10:31 AM
Rainmaker
1,016,874
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

When defects are revealed it's best to disclose them.

Nov 08, 2019 09:54 AM
Rainmaker
383,832
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

It depends on the issues.  Is it material facts?  If it is then it MUST BE DISCLOSED.  We also have a seller's disclosure form that needs to be filled out.  If the issue is something like the seller believes the place has bad karma because he and his wife have been arguing a lot since they bought the place then there's no need to disclose. 

Nov 08, 2019 11:39 AM
Ambassador
820,275
Mimi Foster
Falcon Property Solutions - Colorado Springs, CO
Voted Colorado Springs Best Realtor

I found early in my career that it is so much easier to disclose everything you know up front. Buyers don't tend to panic if it's been disclosed, but if they find out later, it's your neck that could be in the noose.

Nov 08, 2019 04:46 PM
Rainmaker
4,537,393
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Mott,

Plainly said, disclose, disclose, disclose...

Nov 08, 2019 11:24 AM
Rainmaker
414,415
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

You let your "friend" know that you and he are required to disclose all know issues with the property. Failure to disclose can cost you your license.

Nov 08, 2019 11:11 AM
Rainmaker
831,373
Diana Zaccaro
Tropical Beachside brokered by eXp - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

When in doubt, disclose...real estate 101...first thing I learned and what my brokers have always told me.

 

Nov 08, 2019 10:38 AM
Rainmaker
706,084
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

If my "friend" thought that I would be willing to conceal a problem or defect with the property, the soon-to-be ex-friend would be mistaken.

The seller must fill out two multi-page disclosure forms which ask numerous questions about the property. The seller is expected to answer the questions truthfully. Failure to do so could lead to a court appearance to defend against a lawsuit from an agrieved buyer.

Other disclosures are also required.

Both the seller and agent must disclose any "material" defects or facts. Material in this sense means something that is important for or determinative in the buyer's decision to buy or which might influence the price the buyer may offer.

 

Nov 08, 2019 10:34 AM
Ambassador
1,263,048
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

You'd be hard pressed to find a Seller's lawyer advising that any disclosure statement be provided in my market.  That is why Home Inspections are needed.  As for Realtors discussing defects, unless you're a qualified home inspector or contractor or tradesman of some sort, you don't want to involve yourself in such. It would be seen as practicing outside your area of expertise!

 

Nov 08, 2019 09:59 AM
Rainmaker
1,639,463
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

My clients were always informed that if they told me any thing then I had to disclose that information. I don't feel I had to but everything out there in the mls description but if asked I needed to disclose.

Nov 09, 2019 04:29 AM
Rainmaker
2,811,290
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Schools back in session. 

If we know it ... DISCLOSE IT. That would be disclosed on my Agent Visual Inspection Disclosure.  

Nov 08, 2019 06:54 PM
Rainmaker
1,842,864
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Why aren’t these on the Sellers Disclosure ???

Nov 08, 2019 04:41 PM
Rainmaker
937,840
Thomas J. Nelson, Realtor e-Pro, CRS, RCS-D, Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

No, not in the MLS remarks, let the photos tell the story. You disclose all in the TDS and SPQ and always when asked. It's that simple, stay out of court: disclose! But disclosures mostly do not need be in the advertising; except death on property type stuff.

Nov 08, 2019 04:07 PM
Rainmaker
550,264
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
RE/MAX Valencia, Stevenson Ranch, Santa Clarita

It is my understanding the hearsay is not a mandatory disclosure.  I once had an agent tell me something about my new listing and then said "now that you know this you must disclose it"  I took it as a way to hurt my client with no record or proof so I kept it in the back of my mind and never trusted this agent again.

Nov 08, 2019 12:29 PM
Rainmaker
5,085,605
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

everything must be fully disclosed .............

AND I would make sure the seller fills out a "seller's condition of property disclosure" for every potential buyer to read.... I always left it on the counter for all to see prior to making an offer....

Nov 08, 2019 11:54 AM
Rainmaker
636,757
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
Carolina Life RealEstate & Relocation 919-602-8489

If it is a material fact, you are responsible for disclosing in NC. It isn't just an ethics violation. I tell the seller that I have to disclose and the best thing to do is face it head on. Make repairs if possible and if not possible, disclose and price accordingly. If ever in doubt, disclose, disclose, disclose. If the seller refuses then they may need another agent.

Nov 09, 2019 05:38 AM
Rainmaker
3,341,821
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Best to disclose and in states where a property condition disclosure by the seller is required, they better disclose to!

Nov 09, 2019 04:11 AM
Rainmaker
1,502,376
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

Well you need to encourage the seller to disclose these issues, because if they don't then you will be obligated to.  Hopefully they will get it and do full disclosure,

Nov 08, 2019 05:06 PM
Ambassador
2,896,350
Anna Banana Kruchten CRB, GRI, WLS
Phoenix Property Shoppe - Phoenix, AZ
603-380-4886

The seller must disclose all known material facts in the Sellers Property Disclosure. Our sellers understand and know it's what must happen and why.

Nov 08, 2019 02:01 PM
Ambassador
4,049,511
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Material facts must be disclosed. There are plenty of mandatory disclosures here in CA for that.

Nov 08, 2019 01:40 PM
Rainmaker
5,467,176
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You and your client need to disclose material facts.

Nov 08, 2019 12:51 PM
Rainmaker
164,849
Eva B. Liland Century 21 Doug Anderson
Century 21 Doug Anderson - Lancaster, CA
Glad to be of Service 661-714-1643

Material facts must be disclosed. The seller has to fill out the TDS truthfully and also the SPQ. On top of that you have to do your Agent Visual Inspection form. I always tell my sellers not to try to hide anything. As far as the buyer goes, I always reommend to have a qualified Home Inspector inspect the house. They can choose to have their own inspector or they can chose one that I reommend. In the MLS, I try to paint a pretty picture but I mention anything visible, i.e. "needs work".

Nov 09, 2019 05:38 AM
Rainmaker
3,101,509
Richard Weeks
Dallas, TX
REALTOR®, Broker

First I tell this "friend" we must disclose all known defects.  If he or she refuses I would not take the listing.  If they agree I would disclose.

Nov 09, 2019 04:17 AM
Rainmaker
606,928
Peter Mohylsky
PrimeSouth Properties - Santa Rosa Beach, FL
Let me help you find your path to the beach.

Issues?  Has the seller completed a disclosure?  Suggest a home inspection early, by seller to load the conversation.

Nov 09, 2019 03:55 AM
Rainer
2,760
Marco LaPadura
Keller Williams Liberty - Ozone Park, NY
Real Estate Trainer/ Productivity Coach, and Sales

Ethics, We can only abide by our fiduciary duty and must be clear and transparent with everyone. If the property has issues they must be disclosed. There is no confidentiality when it comes to disclosure of a problem/issue.

Nov 08, 2019 11:10 PM
Rainmaker
529,330
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

The minute one of my "friends" starts to talk real estate, I swith into professional mode. Depending on what was said to you in "confidence" may have to be disclosed.

Nov 08, 2019 03:11 PM
Rainmaker
1,559,986
Mike Cooper, GRI
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

One of my early memtors always said, "Disclose, disclose, disclose."

Nov 08, 2019 01:54 PM
Rainmaker
1,555,364
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

As Valeria Mola wrote. I prefer to remain licensed

Nov 09, 2019 08:16 AM
Rainmaker
3,040,491
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

The rule is disclose, disclose and disclose so I would have a talk with my friend and let him know what the law is and how it affects selling the property. 

Nov 09, 2019 07:43 AM
Rainer
452,424
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

There is a saying  If you know Disclose.

Nov 09, 2019 07:07 AM
Rainmaker
26,012
Karen Climer
Demetree School of Real Estate - Orlando, FL
Teaching people to pass the real estate exam

Mott, instead of asking questions you already know the answer to, why don't you sahre what you would do?

Nov 09, 2019 04:10 AM
Rainmaker
4,136,223
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

You are mandated to disclose.

Nov 18, 2019 09:34 AM
Rainmaker
741,645
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

If you want to keep your license, disclose, or let seller disclose in Residential Disclosure report if seller is choosing to fill one out (depending on your state rules).

Nov 10, 2019 07:19 AM