January 31, 2009

Myth #2

Myth #2: That it is okay to wait until a buyer writes an offer to notify them that it might be a possible short sale

Reality: While you avoid the risk of running a possible buyer away you open yourself (and the brokerage firm) to the strong possibility of a complaint or lawsuit for failure to disclose. There appears to be wide misunderstanding about Federal privacy laws and I repeatedly hear that you can’t disclose because of the seller right to privacy. What the Federal privacy actually states is that you can not disclose certain personal information “without the seller’s knowledge and consent.” It is imperative that licensees understand the vast difference between the two statements, get appropriate permission from the seller (in writing) so they do not run afoul of state law and ethical concerns.

Reason: Both the seller and the agent are obligated to disclose a possible foreclosure; the seller by seller disclosure law, the agent by ethical guidelines. The “SELLER DISCLOSURE LAW” provides for a buyer to be informed of anything which might impact their decision to write an offer on a particular house. It would be a significant “failure to disclose” to not mention a little detail like ‘possible foreclosure.'

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