Brokerage Reminder: When in doubt, disclose!

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Today’s housing market is heavy with real estate owned (REO) properties and the temptation to provide only partial or untimely disclosure has likewise surged. The lender’s ability to get away with an “as is” on the condition of these houses can make an agent’s standard due diligence and disclosures seem unnecessary.
Agents, resist this misconception! By law, listing agents must conduct their due diligence and disclose all known material facts to buyers, regardless of whether the property is an “as-is” REO, or not.
A transfer disclosure statement (TDS), among other disclosures, must be made on any one-to-four unit residential dwelling. Additionally, a separate set of disclosure forms must be provided for each dwelling on a two-to-four unit property.
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My rule of thumb – as a licensed Broker and an Office Manager of a major Real Estate Company overseeing agent’s transactions – was “when in question about a disclosure, just envision yourself in court, testifying about your expertise and actions during the transaction to the other side’s lawyer, and then decide on what is the right disclosure to make. This generally results in the conclusion, when in doubt, disclose!
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