Here's what all buyers need to know
about real estate disclosures.
Not exact matches
The two trials laid bare many of the secrets the commission might have uncovered — with testimony
about the vast, almost unilateral power exercised by legislative leaders, the way powerful
real estate interests dole out campaign contributions, legal referrals and jobs to line politicians» pockets and maintain access, and how money is hidden by evading
disclosure laws and funneling it through relatives, law firms and title fees.
The remarks came in response to questions from reporters
about a New York Times story earlier this week which reported that U.S. Attorney Preet Bharara's office is digging into a decade's - worth of payments the legislative leader has received from the
real estate tax firm Goldberg & Iryami, P.C. — payments Mr. Silver failed to report on his financial
disclosure forms as required.
If buyers (and their
real estate agent) read a
disclosure document and see nothing to worry
about, they sign off on it before moving one step closer to sealing the deal.
RESPA attempts to regulate settlement costs by requiring lenders, mortgage brokers or servicers of home loans to provide
disclosures to borrowers that will inform them
about real estate transactions, settlement services, relevant consumer protection laws and any other pertinent and timely information connected to the cost of the
real estate settlement process.
Examples of limited retainers include closing a
real estate transaction without a title search or advising
about a separation agreement without obtaining financial
disclosure.
The root of the
disclosure problem is, in Ontario at least, that the regulations
about disclosure, under which we
real estate people must operate, do not match provincial law, under which the buyers» and sellers» must operate, part of the continued attack on «buyer beware» by the province's regulatory bodies.
In my course, I discuss what the
real estate practitioner should know
about disclosure of suicide and death within houses.
A Massachusetts court has considered the
disclosure obligations for a
real estate professional when the owner provides inaccurate information
about the property's zoning classification.
He then claimed to have asked the
Real Estate Council of B.C.
about disclosure and indicated their response implied «that it's only the «EXTRA» income beyond our contracted fee with our seller that we must declare — not as you just put it in your article, and what we were first led to believe, that all fees are to be declared to everyone.
Knowing what the law says
about disclosure is an important part of the
real estate sales process.
In closing, what's the most important things
real estate professionals should remember
about disclosure?
The newspaper quotes
real estate attorneys saying most sellers, concerned
about their legal vulnerability should they err in disclosing environmental, structural, and mechanical conditions on the form, prefer to sell without
disclosures.
As a reader pointed out in a letter to the editor (REM, December), in B.C. the
Real Estate Act requires «
disclosure of agency status», but says nothing
about it having to be in writing.
Require enhanced
disclosure of
real estate licensee remuneration that will inform consumers
about how remuneration is to be divided between a listing brokerage and co-operating brokerage.
Even though the
real estate defendants provided accurate information
about airport noise, because the
disclosures required by the ordinance were material information, the court or jury could determine that the representation contained an omission that is likely to mislead.
A Connecticut court has considered the
disclosure duties of a
real estate licensee to a buyer
about the property's boundaries and flooding on the property.
In 1992, HUD went a step further by issuing Regulation X, which required a more detailed
disclosure about any Affiliated Business Arrangements that might exist between parties involved with a
real estate purchase.
For
real estate buyers, it may be all
about location, location, location — but for
real estate professionals representing buyers, it should be all
about disclosure,
disclosure,
disclosure.
A good piece of advice if you have a
disclosure issue is to at least speak with an experienced Florida
real estate lawyer to learn
about your rights.
79 DOS 99 Matter of DOS v. Pagano -
disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency
disclosure form prior to entering into listing agreement and fails to timely provide agency
disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of
real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar /
real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee
about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
The National Association of Realtors ® Code of Ethics goes into some detail
about what agents should disclose to clients, though there isn't much
about rules for
real estate disclosures about a property's condition.
«Many
real estate agents, lenders, and others who help our constituents buy or refinance homes are concerned
about implementation of the new TRID
disclosure forms, with no grace period, during the peak home buying season.»
A compliance company and a settlement agent commenter suggested that advance
disclosure of
real estate agent fees and other costs was unnecessary because consumers receive information
about many fees during the course of the transaction.
The purpose of this part is to promote the informed use of consumer credit by requiring
disclosures about its terms and cost, to ensure that consumers are provided with greater and more timely information on the nature and costs of the residential
real estate settlement process, and to effect certain changes in the settlement process for residential
real estate that will result in more effective advance
disclosure to home buyers and sellers of settlement costs.