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Old 03-10-2011, 06:34 PM
 
Location: Western NC
5,747 posts, read 5,526,006 times
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Quote:
Originally Posted by manderly6 View Post
I put in an offer on a house where the former owner killed himself in the garage. To me it just meant trying to get the place cheaper.
Here's a piece of real estate news for 'ya. It is against federal law for a licensed real estate agent, or any agent of the seller, to disclose to a potential buyer whether any resident of a household died of AIDS in the house.
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Old 03-10-2011, 06:44 PM
 
165 posts, read 265,569 times
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In Missouri, you don't have to disclose any kind of death. But if there was ever any production of meth then you have to disclose that due to the residue it leaves behind. I ALWAYS disclose verbally if I am aware if someone passed away just out of respect to my client, not because of any legal disclosure. Most people it would not bother, but some it would. I told one person once after entering the house that there was a suicide in the home years ago and she took off running for the door. She thanked me and I got a client for life because she was NOT okay with it and was so glad I told her.
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Old 03-10-2011, 07:21 PM
 
553 posts, read 520,748 times
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Quote:
Originally Posted by manderly6 View Post
I put in an offer on a house where the former owner killed himself in the garage. To me it just meant trying to get the place cheaper.
Should not be that much cheaper, since it happen in the garage - not in the house. So you do not really qualify for a discount
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Old 03-11-2011, 07:43 AM
 
Location: Western NC
5,747 posts, read 5,526,006 times
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Quote:
Originally Posted by Joy333 View Post
In Missouri, you don't have to disclose any kind of death. But if there was ever any production of meth then you have to disclose that due to the residue it leaves behind. I ALWAYS disclose verbally if I am aware if someone passed away just out of respect to my client, not because of any legal disclosure. Most people it would not bother, but some it would. I told one person once after entering the house that there was a suicide in the home years ago and she took off running for the door. She thanked me and I got a client for life because she was NOT okay with it and was so glad I told her.
Totally agree Joy. My own policy has been to always "do the right thing". Here is a sticky wicket I encountered a few years ago as a buyer's agent for someone who turned out to be a registered sex offender. (Who could possibly know.) After the closing, I listed the home right next door and was obligated to tell the sellers (before they signed a listing agreement) because disclosure to a prospective buyer could affect their sale. After much legal investigation by the BOR's attorney, it was determined (a) disclosure by listings agent only at seller's discretion, and (b) it is the buyer's agent's duty to seek out the information for their client. Seller opted not to disclose, therefore my entire listing office was barred from disclosing; and eventually the house sold with no disclosure and no problem. (This home was in the $600K range; and the neighbor moved a year later.)
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Old 03-11-2011, 08:20 AM
 
Location: NJ
17,580 posts, read 20,658,964 times
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Quote:
Originally Posted by Dressy View Post
Should not be that much cheaper, since it happen in the garage - not in the house. So you do not really qualify for a discount
The house was definitely being offered below market price. It was a townhouse with lots of comparable sales and listings so it was pretty easy to figure that out. The agent literally told us that was the reason for the lower listing price.
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Old 03-11-2011, 09:11 AM
 
Location: Western NC
5,747 posts, read 5,526,006 times
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[quote=manderly6;18231780]The house was definitely being offered below market price. It was a townhouse with lots of comparable sales and listings so it was pretty easy to figure that out. The agent literally told us that was the reason for the lower listing price.[/quote]

Wow ... if you mean the listing agent told you that voluntarily, a definite no no, and should hand in his license. If the buyer's agent volunteered that information, he's a jerk too. If the law said they had to disclose it, no problem.

Actually, this topic is being beaten to death as we speak.
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Old 03-11-2011, 09:49 AM
 
Location: Boise, ID
5,472 posts, read 10,626,082 times
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This is another thing that differs by state. In Idaho, the agent cannot disclose this information without written permission from the seller. If a buyer wants to know, and the agent has not received written permission from the seller to disclose, the buyer has to put the request in writing. Even then, the seller can refuse to answer the question.

So doing what Joy and others suggest could get you in big trouble here.
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Old 03-11-2011, 10:45 AM
 
Location: NJ
17,580 posts, read 20,658,964 times
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[quote=QuilterChick;18232518]
Quote:
Originally Posted by manderly6 View Post
The house was definitely being offered below market price. It was a townhouse with lots of comparable sales and listings so it was pretty easy to figure that out. The agent literally told us that was the reason for the lower listing price.[/quote]

Wow ... if you mean the listing agent told you that voluntarily, a definite no no, and should hand in his license. If the buyer's agent volunteered that information, he's a jerk too. If the law said they had to disclose it, no problem.

Actually, this topic is being beaten to death as we speak.
I guess I don't really see the issue with what happened. And it was the listing agent. I'm assuming with the permission of the sellers.
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Old 03-11-2011, 01:47 PM
 
Location: Tempe, Arizona
4,511 posts, read 7,380,083 times
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Quote:
Originally Posted by manderly6 View Post
I guess I don't really see the issue with what happened. And it was the listing agent. I'm assuming with the permission of the sellers.
That's the key, was it with their permission and request to disclose to buyers, and within the disclosure rules of their state?

If I were the listing agent, I wouldn't disclose that information unless directly asked by the buyer and with the seller's permission, or directed by the seller to inform buyers even if not asked.
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Old 03-11-2011, 02:00 PM
 
Location: NJ
17,580 posts, read 20,658,964 times
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Quote:
Originally Posted by rjrcm View Post
That's the key, was it with their permission and request to disclose to buyers, and within the disclosure rules of their state?

If I were the listing agent, I wouldn't disclose that information unless directly asked by the buyer and with the seller's permission, or directed by the seller to inform buyers even if not asked.
Obviously I don't know exactly how the conversation went between the listing agent and my agent. I wasn't told about this before we went to see the place. Only before we were getting ready to make an offer. It was a few years ago, but I remember it along the lines of the sellers (which was actually the estate of the guy that killed himself) wanted everyone to know before making an offer of what happened.

I took it as more of a common courtesy thing than a legal thing.

As far as them saying that is why it was priced low I found that out after making my offer and the sellers refusing to drop the list price by anything at all. The response they gave was that they felt the house was already significantly discounted due to the circumstances (which it actually was).
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