Is My Realtor Responsible to Disclose?

by Curt_Baumgarth on December 6, 2010

in Real Estate 101

As a Buyer, your Scottsdale Realtor, does not represent the Seller, even though the Seller compensates the agent. A Buyer’s broker has the fiduciary duties of loyalty, obedience, disclosure, confidentiality, and accounting in dealings with the Buyer.

Many Buyers feel that disclosure is most important. Buyers want to know as much as possible about a property. Just what does disclosure mean? Your Scottsdale, AZ Realtor should disclose to you what he knows about the property. Most everything about a property is material to a Buyer, so my rule of thumb is disclose everything that I know to my clients.

Is there anything my Realtor does not have to disclose?
Brokers are not obligated to disclose that a property is or has been:

  1. the site of a natural death, suicide, homicide, or any crime classified as a felony
  2. occupied by a person with HIV or AIDS or any other disease that is not known to be transmitted through occupancy of a property
  3. located in the vicinity of a sex offender

With the exception of number 2, this does not mean that your agent can not disclose these things, it means they are not obligated to. If the aforementioned are a concern you should conduct your own research as well as ask your agent. Be careful to thoroughly review any disclosure forms prior to signing. For example, if you do not understand the dangers of mold you should ask your agent some questions and consider holding off on signing “mold disclosure” forms. Your agent is not a mold inspector/mold expert, but he should be capable of pointing you to the proper sources.

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Curt Baumgarth, Realtor, MBA
Century 21 All Star, Realtors
9414 E San Salvador Dr
Scottsdale, AZ 85258
(480) 266-9796

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