Realtor Disclosure

A good statement of the realtor's viewpoint on realtor and seller disclosure obligations [as to property problems] is this guest editorial by realtor Lou Boyle in the St. George, Utah, Spectrum, March 4, 2001-
 

Any disclosure is no better than the information known to the seller. No seller is required to be an expert in construction, surveying, hazardous waste or soil conditions. What a disclosure does do is to inform the buyer of those problems of which the seller is aware.

According the [Utah] Dept. of Real Estate, such a disclosure is not a separate "law," but it is incorporated in the required real estate purchase contract, a form used by all licensed real estate agents and brokers.

 In the event there is a discrepancy between the actual condition of the property and that which is disclosed on the seller's disclosure form, the seller would be held accountable for such discrepancies. This form is the for the protection of both the seller and buyer.

The real estate agent or broker would not be responsible for any undisclosed defect in the property, unless the agent or broker had actual knowledge of any problem with the property.

Q & A on Realtor Liability

[Jan. 29, 2003]      

Q. I am a Realtor in Tucson Arizona and am interested in reducing my liability in mould related issues. Would it be a good idea to have some sort of mould inspection on each residence, whether or not there is obvious evidence of mould infestation? If so, what type of inspection would you recommend and what would be the approximate cost to the client?      

A. You are very wise to be interested in reducing your liability to mould problems and lawsuits. Yes, every home for sale should be carefully inspected and tested at the seller's expense BEFORE the property is advertised and shown to prospective buyers. To find a Certified Mould Inspector to do such a mould investigation, please visit our website: Certified Mould Inspectors. Professional inspection and in depth mould testing [including hvac equipment and ducts, basement, attic, crawl space, etc.] is abut $750 to $1500, including laboratory analysis and identification fees.  Another and less costly way to know if there are serious mould infestations in a home is to test the air in several rooms utilizing a do-it-yourself mould test kits. Do it yourself test kits with lab analysis are about $85 each. It is much better to spend a modest amount of money to know whether there is a mould problem than to face a huge mould lawsuit requiring the payment of tens of thousands of dollars of legal fees to defend yourself and your home sellers.


To find a Certified Mould Inspector or Remediator in your area, or to be trained & certified as a mould inspection, testing, remediation, and prevention expert, please visit: Mould Professional.

                                               Other Webpages on Legal Liability: 
[Texas Mould Licensing Law ][Mould Legal Law Q & A] [California Mould Disclosure Law] [Insurance Claims For Mold Damage] [Texas Victory] [Landlord Legal Liability for Mould Infestation] [Employer Liability Questions & Answers] [Realtor Disclosure] [School Mould Problems ] [How Real Estate  Sellers Can Protect Themselves Against Buyer Mould Claims ]

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