Inna Ivchenko, Realtor® • GRI • HAFA • PSC Calabasas CA (Barcode Properties)

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Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

I just closed a deal where I have the buyer.  During my digging for info, I realized that one of the sellers is licensed RE.  I told the agent that they needed to disclose...they did not disclose, and it closed yesterday.

...and then the Lagent asked me to put in a good word to my investor that she was a good rental property manager.

Sure I did...I told the buyer to make sure that he did NOT hire her!

Eve

Ps:  "immediate" family is now...the "ex" is past family.

 

 

Dec 10, 2016 02:28 AM
Rainmaker
5,095,861
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Personally, I would always rather over-disclose something like this than under-disclose.

Dec 10, 2016 03:57 AM
Rainmaker
529,983
Kathryn Acciari
Central One Federal Credit Union - Shrewsbury, MA
Mortgage Loan Originator

I am not 100% certain. But if the spouse's siblings were considered immediate family while the marriage was intact, I would say, yes, an ex-spouse is still immediate family. One upside to disclosing the relationship: It shows that you are likely to be a reasonable person to work with if you are willing to represent your ex!

Dec 10, 2016 02:25 AM
Rainmaker
4,421,372
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Well your Honor the reason I did not disclose is....because... and if it smells wrong who cares what the Law or the Rules are...  you know I love you so do not get mad Inna, Endre

Dec 09, 2016 11:33 PM
Rainmaker
5,772,353
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Inna,

It does not matter, we are in California!  Disclose, disclose, disclose or be deposed.  A

Dec 10, 2016 07:38 AM
Rainmaker
1,466,207
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Inna Ivchenko I believe this person is no longer part the immediately family. However, it might be best to state the agent had a past relationship with the client.

Dec 10, 2016 06:38 AM
Rainmaker
921,404
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

My MLS does not provide a checkbox for EX.

However, I  know a favorite past time of real estate agents is to throw other agents under the bus, I would disclose a relationship exists.

Of course this will INSPIRE a series of questions to which I would respond 'That is none of your business." Ultimately ending in "If you are not going to tell, why did you disclose?" And around we go.

Dec 10, 2016 05:43 AM
Rainmaker
7,784,719
Roy Kelley
Retired - Gaithersburg, MD

Required or not relationship disclosures are appropriate at all times.

Dec 10, 2016 03:59 AM
Rainer
213,263
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!

No, but if you get into a dual agency deal then it would fall under a relationship to disclose since its not a true dual agency deal. 

Dec 10, 2016 03:20 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Must? I don't think so...

Dec 10, 2016 01:49 AM
Rainer
97,816
Carol Wilson
Your $imple Home - Toronto, ON

Inna, we consider someone an "ex" even a day or two after a break-up.

However, if you ever truly needed to know, I am serious that I would consult an attorney for the law of the relevant state, and find out when the law says a spouse is no longer a spouse.  Common practice and accepted understanding may have little to do with it, if the matter went to court or if your professional reputation were on the line in an RE transaction.

Dec 11, 2016 05:18 PM
Rainmaker
3,415,644
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

In my continuing ed class they said if you have to ask, you probably should. In NH it is typical to disclose any family relation

Dec 11, 2016 05:26 AM
Rainmaker
4,272,199
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

The key is X

Dec 10, 2016 10:41 PM
Ambassador
3,727,581
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

Nobody ever got into trouble for disclosing - only for not doing it.  So when in doubt, I do it.

Dec 10, 2016 07:51 PM
Ambassador
6,349,430
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Fortunately my wife will never be an Ex.

Dec 10, 2016 06:46 PM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Fannie Mae does not include ex-spouses or their families as immediate family for financing or gift giving purposes. I am good with that interpretation so would not disclose though I would never have the opportunity to be put in this situation.

Dec 10, 2016 06:46 PM
Ambassador
2,678,589
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  I have the George Strait song, "All my Ex's Live in Texas" playing in my head now, thank you.

 

Dec 10, 2016 06:24 PM
Rainmaker
1,087,837
Diana Zaccaro Broker Associate
Tropical Beachside - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

The first lesson I learned from my first broker...

"When in doubt, disclose".

 

Dec 10, 2016 05:58 PM
Ambassador
2,408,855
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I don't know if you 'have" to, but I would.

Dec 10, 2016 03:51 PM
Rainer
509,449
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

I think this will be a subject for argument for attorneys in court. I personally think you don't have to disclose because your are no longer related; however, it's better to disclose so no questions ask.

Dec 10, 2016 03:24 PM
Ambassador
3,338,449
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I say it does not matter. If you know it ... disclose it.  I recently had a buyer agent not disclose that the buyers are relatives AND the loan officer is the agents spouse.  

Dec 10, 2016 02:56 PM
Rainmaker
3,986,196
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

 You don'tneed to but would and I do for close friends.

Dec 10, 2016 02:13 PM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't think it's required.  But, it could get dicey.

Dec 10, 2016 02:12 PM
Rainmaker
1,722,326
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Better safe than sorry

Dec 10, 2016 01:29 PM
Rainmaker
1,497,698
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I think George Strait said it best... "All my exes live in Texas, that's why I reside in Tennessee."

It's seems like one of those "you technically don't have to, but it wouldn't hurt if you do" type of disclosures.

Dec 10, 2016 12:02 PM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I would disclose this. I'm not sure if it's the law or not, but I believe that it's best to disclose, disclose, disclose. 

Dec 10, 2016 11:53 AM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Inna Ivchenko - good question. Since  the relationship is 'X' - I believe, it is NOT a relationship.

Checking other answers...

Dec 10, 2016 11:31 AM
Rainmaker
1,435,300
Yolanda Cordova-Gilbert
Richmond, TX

I would disclose I rather over communicate than undercommunicate!

Dec 10, 2016 11:21 AM
Rainmaker
634,482
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

No but I would do it anyway. 

Dec 10, 2016 11:03 AM
Rainmaker
1,618,781
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

In the case that you represent an immediate family member, you must disclose your relationship to all parties involved in a transaction in writing. Failure to fully disclose this relationship, or any other necessary disclosures, violates the California Business and Professions Code by allowing or making “substantial misrepresentation.”

Dec 10, 2016 11:01 AM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I wonder what the  banks would say for arms length transaction in a short sale. Good question.

Dec 10, 2016 10:24 AM
Ambassador
1,445,569
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

I can't see any reason as to not disclose this.  What would be the purpose?

Dec 10, 2016 10:23 AM
Rainmaker
4,895,635
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I will still put it in there.

Dec 10, 2016 10:12 AM
Rainmaker
706,522
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

When in doubt, disclose. In this case, I definately would.

Dec 10, 2016 10:04 AM
Rainmaker
864,658
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Yes...when in doubt disclose.

There is no specific definition of time frame. Was he or she an immediate familiy member at one time? If the answer is YES....disclose.

What would you do if the ink on the divorce paper is just drying up. The better question would be ... why even consider working with an ex?

Dec 10, 2016 08:47 AM
Rainmaker
4,969,239
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Take the high road and show the parties in the transaction you are an ethical agent and believe in disclose, disclose and disclose!

Dec 10, 2016 08:36 AM
Ambassador
5,030,758
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

It seems appropriate to disclose even if it is not legally required

Dec 10, 2016 08:20 AM
Ambassador
5,198,813
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I'm with Kathryn Acciari - while an 'ex' is not immediate family, disclosing will show the other side that you're an ethical person through and through! 

Dec 10, 2016 08:02 AM
Rainmaker
1,157,785
FN LN
Toronto, ON

In Ontario, disclosure is required if the relationship falls into the definitions provided in the law and regulation.  You can read the relevent text at the e-laws website for more information.

Dec 10, 2016 07:57 AM
Rainmaker
986,552
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Always disclose whether required to or not is how I think it should go

Dec 10, 2016 07:29 AM
Rainmaker
5,583,167
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

to be on the "safe side" I would disclose it.... up front....

Dec 10, 2016 07:20 AM
Rainmaker
2,349,535
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I think you don't have to disclose - but you should anyway to protect yourself.  I can't imagine 10 exes - that defies imagination - 

I disclosed that I am representing a family member in a current listing - it is my cousin's wife's father - he comes to dinner every year at Christmas. I don't think technically he falls into the rubric that requires disclosure - but I figured I would anyway - 

Dec 10, 2016 07:16 AM
Rainmaker
4,550,601
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

When in doubt disclose.   

Dec 10, 2016 06:38 AM
Rainer
150,416
Michael Thacker - Re/Max Real Estate Center - Louisville
Re/Max Real Estate Center - The Thacker Group - Louisville, KY
Your best friend who just happens to be a Realtor

I would think that I would, yes.

Dec 10, 2016 06:10 AM
Rainmaker
1,045,873
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I would disclose it. There was a familial relationship even though it may have been in the past. Plus, that you're representing an X would tell me that you're at least cordial. I think it's one of those no harm done if you do and a raised eyebrow if you don't. Regardless of whether or not it's actually a thing.

Dec 10, 2016 06:00 AM
Rainmaker
5,188,610
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Better safe than sorry in today's litiguous society!

Dec 10, 2016 05:44 AM
Rainmaker
1,617,866
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I would say disclose disclose disclose

Dec 10, 2016 05:23 AM
Rainmaker
1,839,276
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

You know I would say yes because you are 'presumed' to have intimate knowledge above & beyond the normal client. That's my thoughts.

Dec 10, 2016 04:59 AM
Rainmaker
908,128
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Might vary by state, but arms length might apply, and I would disclose.

Dec 10, 2016 04:41 AM
Rainmaker
1,712,551
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Luckily, I don't have that as a possibility.

Dec 10, 2016 04:27 AM