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Amy S Myers, e-Pro's Blog

By Amy S Myers | Agent in 15656

Real Estate Consumer Notice

In the state of Pennsylvania, you will be required to sign a document called a consumer notice when you are discussing real estate with a licensed real estate agent. It is one of the documents that is required to be signed when you make and offer and when you list your home in Pennsylvania. You will also be presented with this document prior to one of those situations if you are actively discussing real estate. I always present this to my buyers when showing them a home for the first time.

Part of what this Notice discusses what kind of representation you have as a consumer. If you are working with an agent whether it be as a buyer or a seller, they are to keep your information confidential, their loyalties are to be to you, and they are to negotiate on your behalf and best interests.

Here is Pennsylvania's Consumer Notice for Real Estate transactions

Comments

By Cindy Braunschweigwe,  Mon Nov 29 2010, 08:12
What happens if my realtor did not have me sign the consumer notice document?
By Cindy Braunschweigwe,  Mon Nov 29 2010, 08:13
What happens if my realtor did not get me to sign the consumer notice?
By James Deskins,  Mon Nov 29 2010, 08:53
Cindy, hopefully Amy S. Myers will answer, since I'm guessing you live in Pa. In Ohio, the agent is open to an ethics violation and can get suspended, fined, or both if they don't attempt to get it signed. However, you say the agent "didn't get me to sign" the notice. Did they show it to you or make you aware of it? In Ohio, we cannot force a consumer or a seller to sign it. We must present it to all potential clients or customers but if you chose not to sign it, though you were aware of it, the agent may not be in violation of anything.
By Amy S Myers,  Mon Nov 29 2010, 16:10
Greetings, Yes, the agent can be open to an ethics violation. They should be disclosing the consumer notice, at your first contact. If no one reports that it was not presented to the client then it would end up getting signed at some point later in the process.
By Otium,  Thu Mar 17 2011, 05:52
Our property management company did not provide this notice and, ergo, there is no signed document. Instead, the "Listing for Rent Contract" just says "Owner has read the Consumer Notice....", however it was never provided to us. (We have never met in person, as we live overseas). We are now having issues with this property management company and am curious whether this can be used as a breach of contract/misrepresentation and void the agreement altogether.
By Amy S Myers,  Mon Mar 21 2011, 12:45
Greeting Otium,
If you are going to be seeking legal action regarding your situation, this would be question for your lawyer. You can also contact the Pennsylvania Real Estate Commission. They also may be able to assist you.

http://www.parealtor.org/content/srec.htm
By Joe Sheehan ABR,e-Pro,SRES,  Tue Mar 22 2011, 18:25
Actually, the consumer is not required to sign the consumer notice. If the consumer refuses to sign the notice, the licensee will note that on the document and retain it as required by law.

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