Real Estate Professional forum is the place for positive industry interaction and welcomes your professional and informed opinion.

Poll: Is it an agent’s responsibility?

Notify me of new replies via email
Justin da Rosa | 07 Apr 2017, 09:29 AM Agree 0
This frightening instance of a homebuyer being stalked by a former owner begs the question: Would you have informed the buyer about the potential for distress?
  • Sandy stinson | 07 Apr 2017, 11:33 AM Agree 0
    This is a really good question .
    I always disclose everything I know about a house as I live in a small town and the buyers could one day become a friend or at least a friend of one of my family or other friends and I would hate to be thought unethical as I consider myself to be ethical. So in my 25 year practice I have noticed that sometimes out of town realtors get the edge as they come into town and can honestly answer that they know nothing !!
    Sandy stinson
    Remax Lake cowichan
  • Hong Wang | 07 Apr 2017, 12:01 PM Agree 0
    It is a good question and I think whatever comes out of the lawsuits will be the foundation of the right answer. If I am the seller's realtor, I need to follow their lawful instructions, I can't imagine the sellers would want to disclose this info because they would not be able to sell. So the real question is: is it illegal for the sellers not to disclose they are getting these mails from a psyco? If the current owners win the suit that still doesn't mean the realtor is at fault because she or he wouldn't have known the judgement ahead of time ; if they lost then good for the realtor not disclosing because otherwise he or she had put the client's best interests in jeopardy and would have broke the realtor's code.
  • Catharine Inniss | 07 Apr 2017, 12:18 PM Agree 0
    Absolutely. If your overall values are such that the Golden Rule applies, as it is supposed to, there should be no doubt in your mind.

    I really wonder why the listing agent and the sellers could have any doubt that this should be disclosed. It could be a very dangerous situation.

    It is laughable that we are supposed to reveal "ghosts" and previous deaths in houses. There is no evidence to prove that ghosts exist, and to me it is like stating that fairies or elves live in the house. And someone passing away in a house is hardly a threat to new owners.

    A person calling him or herself "The Watcher" and sending letters full of veiled threats is definitely something sinister and actually real. Disclose. And not to cover your own a**. Disclose because you are a human being full of decency and care for your fellow man.

    If not, get out of the business and start a new career that does not involve or influence people.

    I know what you are wondering. What do I really think? lol
  • Diane Lloyd | 07 Apr 2017, 12:30 PM Agree 0
    We have an obligation to disclose everything we know about a property, no exceptions
  • EG Vancouver | 07 Apr 2017, 12:31 PM Agree 0
    I believe this is a stigmatized property and may be handles
    differently in each province or state. In British Columbia a
    buyer will not achieve success by suing a seller who did not
    disclose the stigmatization as it is a subjective issue and the
    courts will not grant relief to a buyer.

    If the seller's agent knows there is a stigma he/she must follow
    the sellers lawful instructions not to disclose a stigma. The agent
    has a choice either refuse to represent the seller or persuade the
    seller to disclose. If the seller directs the agent to disclose 'only'
    if asked that is the agents mandate. If the buyer's agent does ask
    the listing agent about any stigmatization of the property the listing
    agent is obligated to disclose as directed. The buyer now has a
    choice, either buy or walk away.
  • Stavros | 07 Apr 2017, 12:53 PM Agree 0
    I'm confused of who the letter are coming from and what are they ? threatening letters or just someone saying I'm watching the house, to look over you, or wtf is that about ? either way, if it's a negative effect on the owner of that property and some real weird shit, then yes, it should be disclosed.. I personally, would ask seller to be open about it, and if they wanted me to avoid it, I simply would not take the listing. I'm good and have integrity and wouldn't want to be part of anything fishy like that.
  • sabina | 08 Apr 2017, 12:18 AM Agree 0
    If the owner did not divulge on the Sellers Declaration, but told the real estate Broker, definitely the Real Estate Broker should divulge the information to the prospective buyer. Let the buyer make the decision whether or not they still wish to buy the house. and the Broker should definitely make up a letter and have the buyer sign in the event the buyer decides to lodge a complaint or sue anyone.
    "protect your ...!!"
  • | 09 Apr 2017, 08:39 AM Agree 0
    When in doubt DIVULGE! Better to be safe than sorry :)
  • george | 18 Apr 2017, 12:16 PM Agree 0
    ..I agree...you have to disclose. There are children in the house. There is also the potential for a major reduction off the price should the buyer know about the watcher...and simply not care. The buyer could build a fence and house 4 German Shepherds to protect the property. A good alarm system would help. Now this operation could cost tens thousands of dollars (fence, alarm, dogs, feed and upkeep for the "pets") and the buyer should be able to get a reduction off the price should the family not care about the "watcher". I would recommend reporting to police, and perhaps police would do a search to see if there are records and/or to see if any other properties in the area are being" watched".
Post a reply