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Old 11-08-2007, 01:09 PM
 
Location: Simpsonville, South Carolina
335 posts, read 1,178,213 times
Reputation: 141

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This is so good to hear. I recently went through all this with my new realtor. Would you believe my old realtor did fill it out for me. She just said sign here and I will fill it out for you since we were in a rush. I don't think I ever even saw it again. Hindsight, makes me feel better about things that it did not sell with her. The new agent was very clear that I had to fill it out. He did seem shocked that I did have to ask for some guidance- he assumed I did it this way the first time. I did fill it out and feel better because there were a few minor things to include, primarily stuff about the HOA. Liz
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Old 11-08-2007, 01:14 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,066,910 times
Reputation: 2661
Quote:
Originally Posted by Greatday View Post
Risk Management 101:

Never, NEVER, fill out the Property Disclosure form for your seller! I recently testified as an expert witness in a case where the listing agent, charged with misrepresentation, did exactly this. Thought he was "helping" the seller - all he did was took full responsibility for the disclosures.

If a seller asks questions about questions / issues on the form, certainly you can explain the issue / requirement or, as appropriate, refer them to their legal counsel.
And on that we agree. But what does that have to do with the point?

Where is it written that you shall not help the client with this particular form?

How many clients understand -

"(d) Whether the property is or has been the subject of a claim governed by
NRS 40.600 to 40.695 (construction defect claims)?"

How many Real Estate Agents?

So every SRPD in Nevada needs to go to a lawyer?

Silliness. Broker CYA.
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Old 11-08-2007, 01:21 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,135,339 times
Reputation: 4937
Quote:
Originally Posted by olecapt View Post
And on that we agree. But what does that have to do with the point?

Where is it written that you shall not help the client with this particular form?

How many clients understand -

"(d) Whether the property is or has been the subject of a claim governed by
NRS 40.600 to 40.695 (construction defect claims)?"

How many Real Estate Agents?

So every SRPD in Nevada needs to go to a lawyer?

Silliness. Broker CYA.

I, for one, have never said, nor insuinuated, that any law says that an agent cannot assist -
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Old 11-08-2007, 01:26 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,066,910 times
Reputation: 2661
Quote:
Originally Posted by Greatday View Post
I, for one, have never said, nor insuinuated, that any law says that an agent cannot assist -

Then I think we agree...

That form requires a delicate touch. You have the seller fill it out. But you provide insight as to what is being asked so they don't answer the wrong question. Often simply asking the question outloud clarifies the information sought.

We do a lot of work with the elderly...sometimes it takes a while to get that form filled out. It would never have been done correctly without that guidance.
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Old 11-08-2007, 01:27 PM
 
Location: NW Atlanta
1,372 posts, read 5,199,382 times
Reputation: 452
Quote:
Originally Posted by geoffandliz View Post
This is so good to hear. I recently went through all this with my new realtor. Would you believe my old realtor did fill it out for me. She just said sign here and I will fill it out for you since we were in a rush. I don't think I ever even saw it again. Hindsight, makes me feel better about things that it did not sell with her. The new agent was very clear that I had to fill it out. He did seem shocked that I did have to ask for some guidance- he assumed I did it this way the first time. I did fill it out and feel better because there were a few minor things to include, primarily stuff about the HOA. Liz
If you think about it it just doesn't make an iota of sense for the agent to fill it out we don't live in your home you do
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Old 11-09-2007, 07:28 AM
 
Location: Palm Coast, Fl
2,249 posts, read 8,873,272 times
Reputation: 1009
Exactly. I wasn't talking about answering the questions for them. I know you can't do that, lol.
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