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In the state of Oregon; the answer (as a matter of law) is no:
OR 93.275 Incidents not material facts to real property transaction; legislative findings. (1) The following are among incidents that are not material facts to a real property transaction:
(a) The fact or suspicion that the real property or a neighboring property was the site of a death by violent crime, by suicide or by any other manner;
(b) The fact or suspicion that the real property or a neighboring property was the site of a crime, political activity, religious activity or any other act or occurrence that does not adversely affect the physical condition of or title to real property;
(c) The fact or suspicion that an owner or occupant of the real property has or had human immunodeficiency virus or acquired immune deficiency syndrome;
(d) The fact or suspicion that a convicted sex offender registered under ORS 181.595, 181.596 or 181.597 resides in the area; and
(e) The fact that a notice has been received that a neighboring property has been determined to be not fit for use under ORS 453.876.
(2) The Legislative Assembly finds that there is no known risk of the transmission of human immunodeficiency virus or acquired immune deficiency syndrome by casual contact. [1989 c.523 §3; subsection (3) formerly 93.273; 2001 c.701 §1; 2003 c.559 §2]
Whether as a matter of "moral obligation" you do so, is certainly commendable on your part...but will certainly hinder your ability to sell your house at a reasonable price. One would have to ask the question as to WHY, as a matter of law that it is NOT required to disclose this (and the other above facts listed above). Probably because there are unintended consequences to doing so. Think of the individual who was 18, dating a 17 year old in High School...their sexual relationship results in a charge of "statutory rape" and requires that individual to be registered as a sex offender. Is he a threat to your neighborhood? Probably not, and some disclosure on the part of a home seller will be a real harm to that individual on a personal level.
The laws are written (sometimes poorly) to the lowest common denominator...as such, those of us in professions like real estate, where we are NOT lawyers, sometimes cage our language to "if something like that is a concern, you should seek resources to find out more information..." I hate making that statement, but WE have a liability issue if we don't.
I have a link on my website to the Florida Dept of Law Enforcement website that has the sexual offenders and any potential buyer can choose to investigate this if they like. In my opinion, I think it's one of the things you do before you purchase a home, if it's a concern. Just like you would get a home inspection to make sure things look good structurally.
We now have a new addendum that has to be included with all contracts that states that we told the buyer that they have the option to do research on sexual offenders, even though my state does not require you to disclose this information.
I do not remember anything like this on my disclosure form. I believe this guy needs to register, and it is the responsibility of the buyer to look for things like this on his own.
This being said, I could not sell my house to a family with little kids without telling them this.
Here in CA lewd conduct generally indicates a male homosexual encounter. Perhaps your daughters are safe and your son isn't.
Homosexuals aren't pedophiles with any more frequency than non-homosexuals, so that's really an irrelevant comment. Also, in many states someone could be a registered sex offender for as little as being convicted of peeing in public, or for leaving the curtains open when naked inside their own house.
I'd be really, really sure of exactly what the person was convicted of before I started thinking he was a danger and certainly before I started any sort of flyer campaign or anything like that.
Homosexuals aren't pedophiles with any more frequency than non-homosexuals, so that's really an irrelevant comment. Also, in many states someone could be a registered sex offender for as little as being convicted of peeing in public, or for leaving the curtains open when naked inside their own house.
I'd be really, really sure of exactly what the person was convicted of before I started thinking he was a danger and certainly before I started any sort of flyer campaign or anything like that.
Or "she".
Boy, all these laws, litigious circumstances, responsibilities and things to remember. I thought all you Realtors just pushed papers around and drew up purchase agreements!?
Boy, all these laws, litigious circumstances, responsibilities and things to remember. I thought all you Realtors just pushed papers around and drew up purchase agreements!?
Hey Magellan, we really don't do anything but sit around with our feet on the desk for 8 hours a day. and pretend we're working the other 4 hours. On Saturdays and Sundays we just hang out at open houses watching TV or playing computer games. But don't tell anybody, or they'll think we're overpaid.
I am curious as to the proper disclosure required when listing a home when there is a registered sex offender in the neighborhood. Unfortunately, one purchased the home directly across from mine this summer. I plan on listing my home for sale in 4 or 5 months from now. He was convicted of molesting a 10 year old boy several years ago. How do you disclose this information and hope to have a chance of selling your home? I certainly feel morally obligated to do so, but I am also curious about the legal obligations.
I have never talked to him. He does keep his home maintained, no suspicious or annoying activities, and he is employed.
Thank you for your imput!
In my state, (pa) the real estate agent gives me, the buyer, as part of the disclosure, a website where the buyer can search for those convicted of sex offender crimes. I have never researched a property where there wasnt 10-20 within several miles of a property I was looking at.
If they were a neighbor, thats one thing but just living in the neighborhood, thats a complete different story and I wouldnt even discuss it with your own agent. You are selling a home, not the neighborhood and you have no control over the neighbors.
Legally? then I guess I can get forgiveness. No one ever seems to use this search engine, city-data.com, and it does list all sex offenders, and how many times and charges filed. Sort of scarry!
i agree with brandon on this one. if you feel morally obligated and your seller disagrees, maybe you should not take the listing.
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