Does a dual agent have to disclose an IRS tax lien on the sellers property to the purchaser?

Asked by Susansym, Haverhill, MA Sat Oct 31, 2009

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Kevin Vitali’s answer
Kevin Vitali, Agent, Tewksbury, MA
Thu Dec 10, 2009
A IRS Tax Lien should be paid off when the home is sold unless there is not enough money to pay off the lien. It should be no different than a Mortgage lien.

I don't think it is necessary to disclose the tax lien as it does not affect the material value of the property.

It should be disclosed if it would in any way delay a closing.
0 votes
Ken Lambert, , Exeter, NH
Mon Nov 2, 2009
Hi Susan- Also, unless the seller specifically discloses to the agent/ broker that there is a tax lien on the property, the realtor would not really find out about this on their own. This gets found out by the title search, etc- via the Buyer's lender.
I'm not sure about semantics on this- if the seller disclosed to the agent, then does the agent need to disclose to the buyer?? Dont' know about that...
If you need any further help with something, please let me know. Thanks, and good luck,

Ken L.
0 votes
Patty Willia…, , Cincinnati, OH
Sat Oct 31, 2009
The buyer has no need to know about the IRS lien. This might be what gets a dual agent in to trouble. Yhe lien will have to be paid at or before closing, as the previous answer indicated.
0 votes
Susan Costa, , Westport, MA
Sat Oct 31, 2009
No - but the tax lien will need to be settled at or prior to closing.

Dual agent does not share information between parties.

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