Presented By:- Haylen Group

What Prospective Buyers Should Ex-pect from a Listing Agent

• Disclosures include vital information about the fundamentals of the listed property and limit the listing’s agent ability to exploit prospective buyers.

• This set of documents prevents unscrupulous agents to give unfounded opinions or deceptive responses to prospective buyer’s inquiries. Outside of disclosures, bear in mind that the duty of a Realtor is limited to their prior knowledge about the property and observations made while conducting their visual inspection.

Listing Agent Should Deal Fairly And Honestly With All Buyers

Listing Agent Do Not Comment On Adverse Facts In Disclosures

• Do not expect listing agents to provide advice, recommendations, suggestions and opinions on adverse facts disclosed about the property. Realtors will not elaborate further on the consequences of not conducting further due diligence should a problem be called out in the disclosures.

• The fundamental reason is that neither a listing agent nor a buyer agent should decide for you whether or not any given property is a good match for you. Real estate agents are here to give you all the tools you need to make the right decision, nothing more, nothing less. Not complying with this restriction can have serious conse-quences and put the liability of the Realtor and his/her Brokerage at risk.

Listing Agent Cannot Comment On Facts Unknown To Them

• Disclosures reveal so much about the condition of a property for sale. Many facts re-main in fact unknown to Realtors, simply because that would require agents to have access to personal and private financial information and/or proprietary information specific to the property or the future development of the neighborhood.

Listing Agent Cannot Comment On Facts Unknown To Them

They Fall Typically In Three Categories:

• The property’s title conditions, e.g. encumbrances such as ease-ments, CC&Rs, legal descriptions, trust deed provisions, etc

• Restrictions which may affect the buyer’s future use of the property (like zoning), except for the existence of industrial zoning and nearby military ordnance locations usually included in the natural hazard disclosure report, but also information on possible use of the property such as the possibility to sub-divide parts of the property (e.g. land) or use it for tenant income or as a vacation rental.

• Tax implications of the acquisition of the property, e.g. interest de-ductions.

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