Let's talk about who Sellers Disclosures of Property Conditions benefit

[jackmichigan]

Originally Posted by FalconheadWest

I can't imagine in any way how the SELLER's disclosure to a buyer would protect an agent.

I can.

While the impetus for Seller Disclosure laws may have been the desire to protect Buyers from unscrupulous Sellers, there has been an ancillary purpose of protecting agents as well. Merely requiring the Seller to disclose to the Buyer certain aspects of the property reinforces what should be common knowledge: that it is the Buyer who knows the most about the property, not the agent. Some state required disclosure forms (Michigan, for one) are also careful to note that the disclosures are representations of the Buyer, not the agent.

Many disclosure forms also protect both agents and Sellers by putting more of an onus on the Buyer by urging them to obtain proper inspections--and to not rely on the Seller's knowledge (or lack thereof) of the conditions of the house.

So, yes, I can imagine that these forms do, indeed, help protect real estate agents. From memory, there seem to be far fewer lawsuits today against agents (regarding representations about the house) as opposed to pre-disclosure days...so it appears that agents, in fact, are being protected by Seller Disclosure Forms. (Any stats out there to back this up?)

In any case, very few laws concerning real estate get passed in this country without the input of the National Association of Realtors. Does anyone think that the NAR is not about protecting agents?

[Zippyman]

Originally Posted by jackmichigan

In any case, very few laws concerning real estate get passed in this country without the input of the National Association of Realtors. Does anyone think that the NAR is not about protecting agents?

Um yeah. Pretty sure NAR doesn't give a rip about the "average" agent, beyond whether their check clears. NAR's primary focus is preserving NAR, and the status quo in real estate.