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Rainmaker
722,447
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

They are not mandatory but they are a contract item that must be waived  . . . as a risk reduction technique we advise 99.9999% of sellers to go ahead and disclose what they are aware of. They almost all know 'something'.
As a buyer's rep, whether or not there is an existing disclosure, we create one from scratch, using information we discover during due diligence and the result of professional inspections. The saying 'Buyers Are Liars'? Well, sellers can be too! Or just mistaken, but we need facts.

Sep 19, 2017 08:15 PM
Rainmaker
3,363,015
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

California has many disclosures including the Transfer Disclosure Statement and Seller Property Questionnaire which are required by the state and my brokerage with certain exceptions.  As I tell my buyer clients, some sellers are more knowledgeable about their home and its condition - don't rely solely on these or any documents.   

Sep 19, 2017 08:21 PM
Rainmaker
1,447,547
Kat Palmiotti
406-270-3667 (MT), 914-419-0270 (NY), Broker in NY with Grand Lux Realty and in MT with (coming soon!) - Kalispell, MT
The House Kat

I have never seen a seller complete a disclosure in NY State. They have the option to complete it, or to provide a $500 credit to buyer at closing. Every one of the deals I have been involved with so far have opted for the credit.

Sep 20, 2017 03:14 AM
Ambassador
4,013,828
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

There are a number of mandatory disclosures in California, and the list keeps growing. Sellers vary in how much they know about their homes. Some are better than others in completing forms appropriately.

Sep 19, 2017 08:52 PM
Rainmaker
3,053,541
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Candice A. Donofrio nailed this one!

Sep 20, 2017 05:08 AM
Rainmaker
442,971
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

Our forms have a "no representation" and all the lawyers i have talked to said this is the best response from a seller. So i pass that along to our sellers. Apparently, in the eyes of the law, honesty is a punishable offense.

Sep 20, 2017 04:24 AM
Rainmaker
1,698,212
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker and Attorney Licensed in DC, MD, VA,

Maryland sellers can disclose or disclaim, DC sellers must disclose, and VA sellers basically provide a form that says you may be or should be interested in these things that are listed here, Mr Buyer, and I think that's great that you are interested, but I am not telling you anything about them

Sep 19, 2017 08:58 PM
Rainmaker
1,022,144
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Absolutely. The sellers often hide some disasterous experience. CLUE is not required.

Sep 19, 2017 08:39 PM
Rainmaker
295,632
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

Disclosure or disclaimer required for residential in MD. New construction , estate sales, foreclosures exempt. E&O says let Seller make decision on what to do. Agents should NEVER advise which way to fill out forms.

Sep 19, 2017 08:03 PM
Rainmaker
538,514
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

They have the duty to disclose, but it does not have to be in writing.

Sometimes I make the contract subject to inspections and an updated sellers disclosure.

Not long ago,on a big property, I had a listing agent give me grief, that the seller has not lived there for 5 years, so they know nothing.  I insisted they disclose what they know.  OMG, I got 7 pages back from the seller...it was unbelievable what the seller knew and disclosed...including issues with the city and  that someone's dock was encroaching on the property.

I also do not buy the excuse..."seller never lived there, so has no knowledge"  If something is blank, I send it back, to be filled out.

"I don't know" is just another BS excuse.  Every owner knows.

According to Florida's real estate attorneys council "Let the Buyer Beware" does not apply to residential real estate.

It is dumb for any agent not to request a comprehensive disclosure from the seller.

Eve

Sep 20, 2017 06:04 AM
Rainmaker
1,082,272
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

They are required and yes to all of the above. 

Sep 20, 2017 05:48 AM
Rainmaker
3,021,913
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

They are required and i stress with my sellers what they are for and why they need to fill out truthfully

Sep 20, 2017 05:06 AM
Rainmaker
3,055,725
Richard Weeks
Dallas, TX
REALTOR®, Broker

It is required in our state.  If the disclosure is provided after the effective date the buyer has 7 days to terminate the contract.  Some sellers are investors and have never even been in the property so many do answer "don't know".

Sep 20, 2017 04:49 AM
Rainmaker
637,571
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

Estates are not required to complete it.  Everyone else is or give a $500 credit for not completing.   Answer options include yes, no, unknown & not applicable.  It's a useless document often used to wage lawsuits after the reality of homeownership hits a new buyer. 

Sep 20, 2017 04:43 AM
Rainmaker
3,134,417
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

1. Yes, mandatory... and buyer can rescind contract with no penalty if not received within 3 days of ratification.

2. Yes, brokerage requires.

3. Occasionally a seller wants to mark no representation for everything and then I remind them that their legal liability does not go away by doing this because NC expects sellers to know certain things about their homes. There's nothing to be gained by claining no representation and maybe more can be lost as buyers will look askance at that kind of disclosure statement wondering what the seller is hiding.

4. There are certain situations when forms not required (REO sales). 

Sep 20, 2017 04:17 AM
Rainmaker
2,946,213
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

They are not mandated in our state however, most do complete them.

Sep 20, 2017 03:52 AM
Ambassador
4,269,590
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Absolutely! even for private sales

Sep 19, 2017 08:54 PM
Ambassador
3,355,216
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Absolutely and instead of 'don't know' ours say, 'no representation' and it's very frustrating when they check no representation on everything because it's always nice to know prior to presenting an Offer, the age of the roof, HVAC, etc...even if it's just a ballpark idea!

Sep 19, 2017 08:50 PM
Rainer
239,797
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

We are mandatory here, unless it is a court ordered sale, new construction with a warranty or for an auctioned property. From past experience, I have learned it isn't worth much, just a waste of paper.

Sep 19, 2017 07:50 PM
Rainer
64,674
Evelyn M Epperson
Coldwell Banker Residential Brokerage - Johns Creek, GA
A Tradition Of [Excellence, Trust & Service]

The SPD form is not a requirement in GA but my broker does require them. A lot of my listings are sold as is with no disclosure which I add as a stipulation in the contract so all parties are aware. 

Sep 23, 2017 11:55 AM
Rainmaker
4,107,769
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We do have them, and have Sellers complete what they can.   If the home has been a rental, they have not lived in the home, and cannot answer.

Sep 23, 2017 07:47 AM
Rainmaker
1,549,505
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

No, but we encourage ccompletion since failure to provide the disclosure is a Red Flag to buyers.

Sep 21, 2017 06:55 AM
Ambassador
4,300,542
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Fred Griffin - not in MA.

I want them to be mandatory, though.

Sep 20, 2017 11:37 PM
Rainmaker
3,983,315
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Yes they are mandaatory.  I don't know is not an option

Sep 20, 2017 07:06 PM
Rainer
86,414
Mike Kelly,CRS,CIPS
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

California mandatory for owner occupied or investor 1 to 4 units. Some variations--trustee's sale, probate, etc. Of course we've had every court case known to real estate and have generated MORE disclosures than any state. When I started in the business in 1978 we had a two page "professional publisher's" contract and the 2nd page was blank so you could take out your "BlueBook" and write in the various clauses you wished! Yes, I know, I'm heading to the LaBrea Tar Pits to be with my brethren! 

Sep 20, 2017 06:42 PM
Ambassador
2,869,458
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

they are not legally required, but I have them with MOST listings.  Ocassionally with an estate property I do not.  And sometimes I get a lot of I don't knows.

Sep 20, 2017 01:48 PM
Rainmaker
5,039,153
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

not required.... listing agents should have them filled out be the sellers.... and they fill them out properly....

Sep 20, 2017 01:13 PM
Rainmaker
1,247,497
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

CA got rid of the "Don't know" a LOOONG time ago.  Some are required, some are not.  We only do the state mandated ones, per the state's lawyers.

Sep 20, 2017 12:25 PM
Ambassador
3,983,177
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

It is a required form in the State of Tennessee and sellers tend to fill them out as best they can.

Sep 20, 2017 09:04 AM
Rainmaker
525,820
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

The Transfer Disclosure Statement is a must here in California, and it includes an agent's portion that I must fill out or face potential future liability. Even if the seller is excempt from filling out one, I am not.

Sep 20, 2017 09:01 AM
Rainmaker
2,800,276
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

1.  Yes. There are some exclusions, probate being one of them. However, even probate has a disclosure form - it is just not the standard Seller Transfer Disclosure Form. 

2. Yes. CA BRE Compliant

3. Sellers complete with my one page instruction on "how to". I review the forms and question their responses IF I know it is incorrect or if it contradicts what they previously told me. 

Sep 20, 2017 08:03 AM
Rainmaker
445,704
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

Yes, the Residential Property Disclosure is mandatory with an exemption for property in an Estate that the current owner has not occupied.

Don't know in *every* box would be a red flag of someone I would be disinclined to represent, thankfully I have not had that experience.

Sep 20, 2017 07:32 AM
Rainmaker
2,464,614
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Yes to this form and more until all is met and closed

Sep 20, 2017 07:13 AM
Rainmaker
4,797,473
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Not mandatory in FL.  But the seller has to disclose any issues not readily apparent.

Sep 20, 2017 06:46 AM
Rainmaker
1,379,217
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Fred Griffin No, a seller can sign a disclaimer.

Sep 20, 2017 06:41 AM
Rainmaker
705,051
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

We have a seller's disclosure in AZ. The production of that seller's disclosure is now embedded in our contracts. BUT, they are not legally mandated by law, that clause could be stricken out in the contract. But sellers are obligated to discluse known and hidden facts about their property.

Seller's and their listing agents that strike it out of contracts are making a big mistake and are increasing their liability tenfold.

Sep 20, 2017 06:31 AM
Rainmaker
773,882
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Mandatory in our state, but the provided forms exceed the statute requirement. I just found out about an old timer agent who made his own form that exactly matches the statute and nothing more. Everyone else uses the provided forms. They must be delivered to a buyer within 10 days. -Kasey

Sep 20, 2017 06:22 AM
Rainer
352,545
Jim Cheney
Saint Francis Property Santa Rosa, CA - Santa Rosa, CA
Rincon Valley Realtor 707.494.1055

Required!  I tell my sellers how important they are to fill out correctly and completely.  

Sep 20, 2017 05:52 AM
Rainmaker
5,425,581
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

I will rely  upon the answer by Lise Howe

Sep 20, 2017 05:48 AM
Rainmaker
1,544,095
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

Yes we do & even if the seller replies n/a or don't know it does not relieve them of liability down the road. 

We've had quite a few arguements when intelligent sellers fill out the form & the broker does not like how it gets filled out. Who cares what you think! It's not your disclosure & not to mention asking the seller to redo something is not right either.

Sep 20, 2017 05:44 AM
Rainmaker
3,304,482
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

When in Florida, I required the seller to complete it in their own hand and only those who never occupied the property could check I don't know!

Sep 20, 2017 05:38 AM
Rainmaker
565,713
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

Our state does not mandate them and I don't require them for my sellers. If someone asks for it, I recommend they fill it out but only put information in if they are 100% certain. Otherwise, "Don't Know" is what gets checked.

Sep 20, 2017 05:30 AM
Rainmaker
1,838,855
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Yes

Sep 20, 2017 04:55 AM
Ambassador
1,644,780
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

They have been since 1995.

Sep 20, 2017 04:42 AM
Rainmaker
4,432,267
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Yes.

Sep 20, 2017 04:24 AM