Agents Online Real Estate Forums, Discussion, Realtors Marketing Tips

Follow AgentsOnline on Twitter

Click Here to display our logo on your site and link to us!
AgentsOnline Real Estate Discussion Forums Logo

Realtor CommunityA popular online real estate community since 1998!


Advertisements


Sponsored Links
Advertisements
How To Advertise Here
How To Advertise Here

Sponsored Links
(Views)Popular Topics
I MAKE 100 COLD CALLS EVERY DAY & LOVE IT! 28270499
No new orders today 13101803
Stupid MLS comments. 3276678
What do you know about Froy Candelario, top agent in USA 1189456
Stupid QC comments and BPO requirements. 1061165
New HUD Listing Brokers---Any Update? 1028152
Is there religious content in Buffini class? 822615
Let's talk about our cars 670983
Name that Flick. Great movie Lines. 602704
Pay it Forward - BPO/REO Tips & Tricks I & II 592402
Most common items found at an REO 575990
EML 459232
REOTRANS 440738
Main Street 419439
asset val seminar in colorado 407151
assist 2 sell or 1 percent realty? 340441
HOMONYMS - There, Their, and They're 306773
Evalonline 300191
Land America 285052
Mainstreet 261859
Matched Content
Topic Options
Rate This Topic
#457277 - 04/08/17 03:25 AM Seller Refusal To Disclose
pastmember Offline
Member

Registered: 01/22/06
Posts: 411
Loc: USA
I have a Seller and we had an accepted offer (I was Sellers Agent) and during inspections an item came up and the Buyers cancelled the contract. The item is one that is specifically addressed on the Sellers Disclosure and Seller didn't check the box indicating any problems...OK...they say never been a problem before (it is not the septic).

My Sellers are making repairs and I tell them that they must now indicate the corrected issue on the disclosure. The husband then tells me that if I insist on disclosure that they will just get another Realtor...I didn't lose my cool but it was close...I informed my Sellers that even if they don't disclose the next inspection will find evidence of repairs and the Buyers will surely ask why this wasn't disclosed.

I pulled the "old" Sellers Disclosure out of our MLS because it is now not factual...my Broker knows about the issue and I will disclose the issue because it is relevant and unethical to not disclose. If my Seller and I just didn't get along or had a legitimate gripe with me I would probably cancel the Listing Contract but I'm not going to cancel it because I won't lie for the Seller.

I'm sure in the past I have had Sellers knowingly fail to disclose issues on the Sellers Disclosure but this I the first
where I am 100% sure they want to outright lie.

A simple change of disclose and indicating repairs were made would take care of this.

Anyone else have something like this happen?

Top
Advertisements
#457278 - 04/08/17 03:41 AM Re: Seller Refusal To Disclose [Re: pastmember]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
I had one where they didn't want prior fire damage disclosed; even though the fire department had a record of responding.

Your people may just be stubborn; I suspect I would walk (but as a professional courtesy, I'd also reveal the problem to the next listing Agent).
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

Top
#457288 - 04/09/17 01:19 AM Re: Seller Refusal To Disclose [Re: pastmember]
Bigtoe Offline
Major Contributor

Registered: 10/14/07
Posts: 2238
Loc: Outer Banks
I don't know why it has to be disclosed if it has been fixed.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

Top
#457289 - 04/09/17 02:23 AM Re: Seller Refusal To Disclose [Re: Bigtoe]
pastmember Offline
Member

Registered: 01/22/06
Posts: 411
Loc: USA
Originally Posted By: Bigtoe
I don't know why it has to be disclosed if it has been fixed.


It is an item specifically mentioned on the Sellers Disclosure that begins with "Have you ever had______"
Another Inspection will easily find that there was an previous issue and that Seller lied on the disclosure.

Top
#457290 - 04/09/17 05:54 AM Re: Seller Refusal To Disclose [Re: pastmember]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 7717
Loc: Vermont's North-East Kingdom
Why does "the issue" have to be such a secret here on this Forum ?

Don't be paranoid; the Seller isn't watching you here . . . . is he ?

So what was it: a roof leak; a termite infestation; or a giant limestone sink hole undermining the foundation ?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

Top
#457291 - 04/09/17 09:00 AM Re: Seller Refusal To Disclose [Re: pastmember]
Brandon Battle Offline
Junior Member

Registered: 03/20/17
Posts: 7
Loc: Anaheim,CA
I think the best thing for you to do is to bring in the most seasoned veteran agent, if not the broker themselves,and have them calmly explain why disclosure is necessary and that it doesn't automatically mean their property will drop in value.They are making terrible assumptions that if they disclose it upfront,no one will make a proper offer because the buyers you already had walked or ran away.Bringing in the most experienced agent to tell the sellers that they have seen it all and know that the price drop would be little(if any)can calm the sellers nerves and get them back on track.The veteran agent can also gently explain the legal consequences of being caught in a lie for both them and your brokerage.


Edited by Brandon Battle (04/09/17 09:04 AM)

Top
#457295 - 04/10/17 03:03 AM Re: Seller Refusal To Disclose [Re: Brandon Battle]
pastmember Offline
Member

Registered: 01/22/06
Posts: 411
Loc: USA
Originally Posted By: Brandon Battle
I think the best thing for you to do is to bring in the most seasoned veteran agent, if not the broker themselves,and have them calmly explain why disclosure is necessary and that it doesn't automatically mean their property will drop in value.They are making terrible assumptions that if they disclose it upfront,no one will make a proper offer because the buyers you already had walked or ran away.Bringing in the most experienced agent to tell the sellers that they have seen it all and know that the price drop would be little(if any)can calm the sellers nerves and get them back on track.The veteran agent can also gently explain the legal consequences of being caught in a lie for both them and your brokerage.


I've had my Brokers license over 17 years and have more excperience than my Broker (whom I have already spoken with). This Seller is one of a kind and I have already explained what you mentioned above. I will disclose if/when necessary if they don't revise the sellers Disclosure.

Top
#457302 - 04/10/17 06:45 AM Re: Seller Refusal To Disclose [Re: pastmember]
barb43 Offline
Veteran Member

Registered: 07/31/08
Posts: 1156
Loc: SW Okla
In Oklahoma, we have a form on which the listing Realtor discloses what the Seller won't. That's the Realtor's cya. I've never had to use it, but I have chuckled on a couple of occasions when a Seller has asked if they had to disclose something (like termites, or a repaired foundation, or worse yet - a flooding issue). I've simply said conversationally, "Yes, you do, because if you don't disclose it, I have to fill out the form for Realtors to disclose known issues. Sure looks better coming from you than from me!" And then we've all laughed and the seller has made this disclosure.
_________________________
Remodeling houses & helping tenants get ahead in life since 1983. Licensed Realtor since 2005.


LIMITATIONS: Until You Spread Your Wings, You'll Have No Idea How Far You Can Walk. - despair.com

Top
#457303 - 04/10/17 07:24 AM Re: Seller Refusal To Disclose [Re: barb43]
MOMO Offline
Member

Registered: 03/02/13
Posts: 407
Loc: USA
Originally Posted By: barb43
In Oklahoma, we have a form on which the listing Realtor discloses what the Seller won't. That's the Realtor's cya. I've never had to use it, but I have chuckled on a couple of occasions when a Seller has asked if they had to disclose something (like termites, or a repaired foundation, or worse yet - a flooding issue). I've simply said conversationally, "Yes, you do, because if you don't disclose it, I have to fill out the form for Realtors to disclose known issues. Sure looks better coming from you than from me!" And then we've all laughed and the seller has made this disclosure.


I told my Seller that if they didn't disclose then I would need to do so..my Seller said that if I am going to disclose they will just get another Realtor.

I know...most people would walk away from these Sellers but I have been representing honestly and ethically and have had 2 offers in a short period of time and like a challenge sometimes smile

Top
#457304 - 04/10/17 07:30 AM Re: Seller Refusal To Disclose [Re: pastmember]
estatereal Offline
Major Contributor

Registered: 01/27/07
Posts: 3098
Loc: LAND OF THE FREE!
what is the issue that needs to be disclosed? are we talking about a 50 dollar fix or a 50,000 fix?

for the best answer, id suggest giving the information that should need to be disclosed

Top
#457305 - 04/10/17 07:31 AM Re: Seller Refusal To Disclose [Re: Vermont]
MOMO Offline
Member

Registered: 03/02/13
Posts: 407
Loc: USA
Originally Posted By: Vermont
Why does "the issue" have to be such a secret here on this Forum ?

Don't be paranoid; the Seller isn't watching you here . . . . is he ?

So what was it: a roof leak; a termite infestation; or a giant limestone sink hole undermining the foundation ?


Vermont....don't believe that I am paranoid....do a Google search on the topic "Seller Refusal To Disclose" and see what thread comes up #2 smile

Top
#457306 - 04/10/17 07:35 AM Re: Seller Refusal To Disclose [Re: estatereal]
MOMO Offline
Member

Registered: 03/02/13
Posts: 407
Loc: USA
Originally Posted By: estatereal
what is the issue that needs to be disclosed? are we talking about a 50 dollar fix or a 50,000 fix?

for the best answer, id suggest giving the information that should need to be disclosed


It is an issue that requires disclosure....I'm not really asking advice on what to do because I already know the path I am going to take...asking if anyone has had a Seller do this to them?

Top
#457307 - 04/10/17 07:41 AM Re: Seller Refusal To Disclose [Re: pastmember]
estatereal Offline
Major Contributor

Registered: 01/27/07
Posts: 3098
Loc: LAND OF THE FREE!
Can you give an idea on cost to remediate?

Top
#458012 - 06/07/17 11:29 AM Re: Seller Refusal To Disclose [Re: pastmember]
LoganRealty Offline
Member

Registered: 06/02/17
Posts: 32
Loc: Santa Monica, CA
I had one where someone died in the property - which we have to disclose in California. I waited out the listing agreement contract and let it expire. They insisted on listing too high, so I didn't have a legal issue with a buyer.

It was a real piece of work of a seller. I made sure to call the agent who relisted it to inform them of the property's history. Don't let them get a way with it.
_________________________
Santa Monica Realty by the Sea

Top Recommend: Use a dedicated GPS mileage tracker - not an app - to track your miles.

Top
#458016 - 06/07/17 07:06 PM Re: Seller Refusal To Disclose [Re: LoganRealty]
estatereal Offline
Major Contributor

Registered: 01/27/07
Posts: 3098
Loc: LAND OF THE FREE!
Originally Posted By: Mileage Pro
I had one where someone died in the property - which we have to disclose in California. I waited out the listing agreement contract and let it expire. They insisted on listing too high, so I didn't have a legal issue with a buyer.

It was a real piece of work of a seller. I made sure to call the agent who relisted it to inform them of the property's history. Don't let them get a way with it.


Why didn't you just terminate the agreement instead of waiting?

Top






Google Custom Forum Search

This Google Custom search may do a better job of searching the forums for some keywords than the old forum search does. The results do not include threads from the Asset Managers Forum however. To search that forum you will need to be actually in the Asset Managers Forum and you will need to use the old forum search below.
Search

Newest Members
Reguru1, Shaun225, Dr.Brim, james luis, Snapple
29795 Registered Users
Who's Online
3 registered (OverTheEdge, 2 invisible), 36 Guests and 4 Spiders online.
Key: Admin, Global Mod, Mod
Shout Box

Top Posters (30 Days)
Long Walk 74
Vermont 39
estatereal 17
Flare616 16
Trouble 14
RonnieEmz 13
Snapple 12
Lucky Leonardo 11
Logan Five 11
Analog Man 10
waka 9
gitmonee 8
TheTexasGal 8
Flammable 8
Mr. Clean 7
Featured Member
Registered: 08/20/14
Posts: 614
Facebook

How To Advertise Here


This site presented by RNC Internet Services