I understand that we are not to disclose/mention things like if there are child predators in a neighborhood, or if there is somone with AIDS who currently lives in the home one is selling,etc.


What I want to know is, when I am sitting with my client and they are about to sign the agency agreement with me, is it better to wait until they bring up such questions to let them know I am not permitted by law to mention/inform of such issues, or could I present a list or tell them right there before signing the agreement: "Mr. and Mrs. homebuyer, as your agent before you sign this agreement with me, I must let you know that by law, I am not allowed to disclose*insert various here* due to the Federal and *insert state here* Fair housing laws.


Which would be better, up front knowledge or simply waiting until such a question comes up?

"MEGAN’S LAW. If the presence of a registered sex offender is a matter of concern to Buyer, Buyer understands that Buyer must contact local law enforcement officials regarding obtaining such information.

Broker has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no duty to independently verify the accuracy or completeness of statements made by a seller or independent inspectors. Broker has no duty to conduct an independent investigation of Buyer's financial condition or to verify the accuracy or completeness of any statement made by Buyer."

We have several disclosures such as above in our buyer agency/transaction broker agreement.
You might have a list of telephone #'s and websites that a buyer can access for their own research. Information and data changes all the time and that is probably the best way to get up to date info.

But my question was, can we state at that time when we are about to have them sign the agency agreement what we can and cannot disclose to them,rather than wait for them to bring it up...

I rarely try to provoke these kind of questions but openly and as completely as possible answer them if they come up.

"But my question was, can we state at that time when we are about to have them sign the agency agreement what we can and cannot disclose to them,rather than wait for them to bring it up... "

If you feel it's necessary, as I said, why not have a list of contacts information to give to them. It can encompass info. from schools to hospitals to shopping malls. It can all be part of your interviewing/relo package, and if questions come up, just refer to the package they have in their hand.
You can tell them all day long that you don't know and can't legally talk about where sex offenders live due to liability issues, why would they not understand that?

thanks

This is the broker's decision, and whether you have an affirmative duty under state law to make such disclosures. If you are not required to make such disclosures, it is a matter of choice.

MrsSea you don't want to get into those kind of conversations unless and until you're asked. If asked respond honestly and accurately but not until asked.

Its like sending the local field office of the IRS an invitation to audit your 2007 tax return. Do you really want to get into that conversation if you don't have to. The expectation is that you pay your times on time and not a bit more than your uncle in entitled to. That said, no one should offer Uncle Sam her money before asked. Same with the issues you raise, not until asked should you engage.

We here in IN use zip forms for any contract and part of our purchase agreement we have added lines to the contract under Miscellaneous to inform the buyer of the existence of the sex offender registry and that the Real Estate broker is not responsible for providing or verifying this information.

in CA, you have to disclose what you know and that which is material to the transaction.

When working with Buyers it is always a good idea to get them to commit/sign a Buyer's Broker agreement. Don't invent trouble for yourself and give thema list of things that are not relevant. Don't concern yourself with what you perceive they may thing they are entitled to know, that the Federal Government prohibits you from disclosing. If you feel uncomfortable telling them that you may not answer a question such as "The Seller is obviously Gay and he looks very sick, do you know if he has aids?" Don't get into a conversation with your Buyer on the topic, simply explain to them that it is against Federal Law to disclose certain things due to protected classes. Whether or not a person is HIV+ or has aids is one of the things tha would place a person in a protected class and you may not disclose and therefore you cannot discuss with them. I always tell Buyers that the presence of registered sex offenders is tracked by the County Sheriff and if they need that information they (not you) may obtain that information from the Sheriff.