Pervert Disclosure

[noisefrazzle]

What is the name of your state?What is the name of your state? Rhode Island

Here's an interesting one. It's actually going on though not to me, thank god.

Buyer and Sellers and their respective agents are conducting final walk through of property. Everyone gets along fine. Then, out of the blue in conversation, one seller mentions the child molester living next door. Seller says the guy is 38, lives with his mom, was in jail for a while for child molesting, had to wear an ankle tag for a few year on home release and was recently grabbed again for looking at child porn online. He's in jail, awaiting the judge, or sentencing, or whatever. Buyer, buyer's agent and seller's agent all have their jaws on the floor. Buyer is a single mom with an 8 year old girl and 5 year old boy. She says that there is no way she is going through with this deal now. Sellers think it's not a problem cause the guy will be in jail for a while they think. Buyer still says no way. Seller's agent recommends letting the lady walk and getting a new deal, this time telling people about the guy next door up front. Sellers say they will sue for performance.

Is this a no-brainer? Will buyer win (break out the fortune telling aparatus!)? I'm not looking for definitives of course, just opinions.

Also, if the seller's agent wants no part of this, can he/she walk away from the clients with no ethical/legal problems?

Thanks!

NF

 

[PghREA]

What is the name of your state?What is the name of your state? Rhode Island

Here's an interesting one. It's actually going on though not to me, thank god.

Buyer and Sellers and their respective agents are conducting final walk through of property. Everyone gets along fine. Then, out of the blue in conversation, one seller mentions the child molester living next door. Seller says the guy is 38, lives with his mom, was in jail for a while for child molesting, had to wear an ankle tag for a few year on home release and was recently grabbed again for looking at child porn online. He's in jail, awaiting the judge, or sentencing, or whatever. Buyer, buyer's agent and seller's agent all have their jaws on the floor. Buyer is a single mom with an 8 year old girl and 5 year old boy. She says that there is no way she is going through with this deal now. Sellers think it's not a problem cause the guy will be in jail for a while they think. Buyer still says no way. Seller's agent recommends letting the lady walk and getting a new deal, this time telling people about the guy next door up front. Sellers say they will sue for performance.

Is this a no-brainer? Will buyer win (break out the fortune telling aparatus!)? I'm not looking for definitives of course, just opinions.

Also, if the seller's agent wants no part of this, can he/she walk away from the clients with no ethical/legal problems?

Thanks!

NF

It depends on what the courts in Rhode Island say. You may want to read up on Megan's law.

IMO, the Seller should have disclosed this information. If I were his Realtor and I knew for sure that a sex offender lived next door, I would have recommended that he disclose this information. However, the Buyer has a responsibility to check the registered sex offenders list before signing the sales agreement.

Personally, I would not have taken the listing if the seller refused to disclose this information. If I had no knowledge of the sex offender prior to listing the property (and found out later), I would disclose this information to the buyer's Realtor. I think there is an ethical obligation. We do not have a legal precedent on this issue in PA (yet).

 

[pojo2]

IMO, the Seller should have disclosed this information.

Morally or legally?

And what of the neighbor (this is just an example here) across the street who get up at 3 in the morning and slams his trunk every single morning.

Or the dog down the street that barks it's brains out from 7-11pm so I make sure NO ONE is shown the house during this time period.

Or if I do not allow the house to be shown on Saturday afternoons because that is the day the neighbors 1 block over have their LOUD, OBNOXIOUS beer party every single week.

Of course those are apple and orange issues but issues none the less that might keep me from buying a house so I ask where does it stop? Where does it become encumbant upon me to tell a potential buy a sick, sick individual lives next door? And if I am required by law to do so and I am now stuck with a home the govt' has now in essence comdemned will the govt' buy my home at a fair market value?

PLEASE just playing devils advocate here, I personally could not live with myself knowing I had not informed a young family with young kids of the situation.

 

[BelizeBreeze]

In most places, an agent or seller has no legal obligation to disclose to a potential buyer that a sex offender lives in the neighborhood. Even though the Realtors' code calls for honesty in all dealings, the agent's only requirement in most states is to direct buyers in writing to the state's sex-offender Web site or phone number.

Exceptions are Montana, where real estate agents are required to disclose known information about sex offenders, and Rhode Island and Wisconsin, where agents must truthfully answer direct inquiries about neighborhood offenders if asked, according to the National Association of Realtors. However, there are some gray areas in several other state statutes that might afford you some latitude for redress.

A 1999 case in New York, in which a buyer sued a seller for not disclosing the presence of a known child molester across the street, set some precedent. The judge ruled that the seller wasn't obligated to divulge the offender's location, barring any active concealment of the fact by the seller or the seller's agent. Rather, it was up to the buyer to exercise due diligence in the matter, especially because the offender's presence had been publicized, the judge said. The case was dismissed.

 

[Seamaiden]

What if...?

I am in California. What if it's something that is actually listed in the seller's disclosure statement(s)? I mean that there's actually a box to be checked, "Yes" or "No", specifically regarding such "neighborhood nuisances", such as what I'm looking at on one of the disclosure statements I've received, and it actually lists/covers issues such as known criminal activity (coming under the heading of "Neighborhood"). It's not covered in the contract itself, but at that point, what does the disclosure list actually do?

 

[HomeGuru]

I am in California. What if it's something that is actually listed in the seller's disclosure statement(s)? I mean that there's actually a box to be checked, "Yes" or "No", specifically regarding such "neighborhood nuisances", such as what I'm looking at on one of the disclosure statements I've received, and it actually lists/covers issues such as known criminal activity (coming under the heading of "Neighborhood"). It's not covered in the contract itself, but at that point, what does the disclosure list actually do?

**A: please start your own thread.

 

[Seamaiden]

Well, that would make sense if I actually had a question on this subject. I'm posing a question regarding this specific poster's question, not my own.

What if they have a disclosure statement, signed and dated by the seller, and the seller knowingly claimed that there were no such nuisances?

 

[HomeGuru]

Well, that would make sense if I actually had a question on this subject. I'm posing a question regarding this specific poster's question, not my own.

What if they have a disclosure statement, signed and dated by the seller, and the seller knowingly claimed that there were no such nuisances?

**A: then ask the writer the direct questions rather than go into your I'm in CA, what if diatribe.......It gets rather confusing.