You can easily get disclosures from the seller agent, you do not need a buyer agent or Realtor to get them. Simply call the seller's agent and request the information and if it is available, they should be happy to give it to you. Besides, if it is available and they don't want to cooperate, they could be passing up a sale and the seller would then have legal recourse against their seller agent. If the seller agent doesn't want to give you the information, let the seller know, finding out who owns the house is easy and they need to know if they are being represented well. These days, more and more buyers are not using buyer agents and the industry is changing.
Another thing you can do is prepare a question list and get that to the seller or seller agent and have them respond in kind. That way you avoid the misunderstanding of who things something is important and who does not.
older electric, reverse polarity.
driveway needs repair
railings to low
plainting to close to home
These are just some examples of things that come up in many inspections that people back out of deals because of and none have to be disclosed or fixed by the seller.
Again your own home inspection will be in your best interest.
Have your agent ask if the selling agent has a copy of the inspection, if they do, she may or may not provide it to you, but it does open up the opportunity to ask if there was anything that came up that we should know about as that may speed up our decision process.
I too wouldn't want Annette either. But then again Florida has different obligations for the seller and the buyer regarding inspection issues and who is responsible for what, than massachusetts does.
Annette selling ones home in its current condition is one thing, not disclosing material facts is another. I also would not want to be compared to most banks and how the operate.
April is doing her due own diligence by asking her question to the experts amoung us.
Sellers (who after all don't have licenses and this have nothing to lose) are not bound to disclose anything and certainly won't appreciate their listing agent doing so, however if my sellers want to hide issues they and I know exist with the home then frankly i'm going to fire them and move on. There's simply no transaction worth my losing my license over (even temporarily) nor worth my having to go to court over.
Disclosure is an absolute requirement for licensed Realtors.
My concern is that the issues with a gas leak next to an unsafe electrical box seems like a ticking time bomb. It is a danger to the people in the other units that this condo is attached to. It is obvious that the seller has no intentions of fixing the issues, I just hope that there are no buyers out there who think that a home inspection isn't vitally important, or that it's "too expensive". That $300 inspection saved me about $8-$10,000. I only wish I could post it on the listing page for all buyers to see because there is NO DISCLOSURE coming from that seller or his agent!
Besides realtors can work as either a seller's agent or a buyer's agent. That means they can sell houses or help you buy one.
it is advisable that as a buyer you have your own realtor and pick on someone you trust and can dig in to find all details on the house you want to buy.
If one buyer backs out of a home sale due to a home inspection issue and the sellers are made aware of that issue the proper way to proceed for the buyer is to fix the item in question or disclose the item in question. It is the ethical thing to do.
The story is that we put an offer in on a house a month ago. Someone out bid us. They had inspections done and then the buyers financing fell through. We were the next highest bidders and she knew we were very interested in the house so she called to let us know it was back on the market. The realtor indicated that she had knowledge of what was in the inspection report.
We have every intention of getting our own inspections done but I was curious to know how much she could/would disclose so that we could make an appropriate offer.
Once again, thank you for your advice!!
An agent, you suggest, should be required to disclose the findings of a previous, failed adversary to a current adversary.
I've always been an advocate that home sellers be able to sell their home in the EXACT manner banks sell their stolen goods. NO DISCLOSURE WHATSOEVER!
Do your due diligence and make your offer.
A REALTOR is supposed to disclose any latent material defects that could potential effect the value of a home.
Obviously, if you walk up to the home and the front porch is falling off that is an obvious defect, as opposed to the basement having three feet of water three years ago.
Many times home owners will walk away from home inspections over picky things, like a furnace that is running fine but is old...... that is not a disclosable issue.
Mack brings up a good point about issues being a matter of opinion.
The best defense for a home buyer, is to have a quality home inspection done on your own behalf.
As Ellen Friedman says below, real estate agents are only obliged to disclose defects that they know about. If there were previous buyers who walked on the inspection without telling the seller or the agent why, then there's nothing for the listing agent to disclose.
However. Some "defects" are a matter of opinion, rather than fact. A buyer may have walked because, for example, they decided they didn't want to live with single-paned windows. That's not a defect, but that's information that influenced their decision to buy the property.
So, take Megan Paul's advice, have the home inspected to your satisfaction, and take it from there. If you have any other concerns, ask your agent to ask the listing agent if they have anything to add to the disclosure form.
All the best,
A seller's realtor does not need to disclose EVERYTHING that comes up at a home inspection, but should act ethically and disclose material defects that affect the integrity of the home. The presence of environmental hazards such as radon or mold, however, must be disclosed.
I hope this answers your question!
Many things can change in a home from one owner to the next. It would be in your best interest to have a licensed and bonded home inspection company complete a thorough inspection at your request. In Washington state the selling agent is required to have the seller fill out a "seller's disclosure" . It requests the seller to tell everything they know about the house. However, there may be things they don't know. I am an Exclusive Buyers Broker. I suggest that all my buyers pay for a home inspection. Recently, clients found their dream home. The offer was accepted and we immediately scheduled a home inspection. The home inspector discovered standing water in the very far end of the crawl space. We were able to write a contingency that the seller would pay for the repairs and the sale closed. Had the buyers not had the inspection, it would have been a $3000.00 disaster and would have never felt like their dream home. Good luck!