Ask the AM

The latest article says "any disclosures are the seller’s responsibility not the listing agent’s."  Anyone disagree?  I do.  In California, if you are aware of something, you must disclose it.  It sounds like this AM wants to hide known problems with a property.  This kind of 'bury your head in the sand' attitude isn't good for anyone in a real estate transaction.  It sounds like maybe this AM was in the used car business before graduating to REO's.  Let the buyer beware!

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  • I read Ask the AM, and don't feel that he was advising to hide anything. As agents (at least in Connecticut) we are required to disclose material FACTS. None of the items listed in his answer qualify as facts i.e. nosy neighbor, cancelled buyer's inspection report or appraisal report. The buyer's agent has a duty to represent their buyer, and no one is forcing the buyer to buy. As a listing agent, for any property whether it is traditional or REO, the fiduciary duty is to the seller. How many times have you had a sale fall through due to a home inspection, and when the 2nd buyer has their inspection- that inspector has a completely different opinion?
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