Wednesday, April 14, 2010

Registrants Statement as a Seller or Buyer

Disclosure is a fundamental expectation of a Realtor. Do you have a conflict of interest in the transaction? Do you know anything that might affect the valuation of the property? Anything and everything must be disclosed that might be in these and other important categories.
First, when in doubt about what needs to be disclosed and how to do the disclosure, talk to your office manager. They can inform you as to how to disclose and protect yourself and your clients.
Secondly, use the appropriate form. Again check with you manager on this.
Thirdly, be careful in what and how you disclose.
I use a statement such as,

"David John Mason is a registered real estate salesperson with RE/MAX Professionals Inc. and is selling the said property for a profit or a loss."

"David John Mason is a registered real estate Broker with RE/MAX Professionals Inc., is a brother of the buyer who is purchasing the property for a profit or a loss."

"David John Mason is a registered real estate sale person employed by RE/MAX Professionals Inc. Brokerage and is purchasing this property to redevelop for his own use for a profit or a loss. David John Mason believes the redeveloped market value of the property is higher than his current offer to purchase."

The Registrant's Statement as a Seller states, "I hereby declare the following is a full disclosure of all facts within my knowledge that affect or will affect the value of he Property." if you know of other facts, and will be in a conflict of interest in the purchase either personally or with a close relative of associate, you must disclose the facts you know. This is a bitter pill for many agents, and one that many do not want to comply with, but is is not only necessary but the law. Conform to the law, or risk litigation in the future is you do not disclose, pertinent details you may know.

Completing the (Seller Property Information Statement (SPIS)

The Seller Property Information Statement is to be completed by the Seller to Disclose Defects or issues about the property that might affect the Buyer's interest and/or valuation of the property. It is a legal requirement. The SPIS is an excellent way to do this. The Seller should complete this form, not the Realtor. The way to prove that the Seller has completed the SPIS is to have them read the questions back to you, the Realtor, as they complete them. Have them initial each answer in the correct square. If there is more than one Seller, have the other Seller listen to t he question. The first Seller, who is reading the SPIS can answer in the square by initialing in the left half of the answering square. At the end of the form completion, the second Seller who has been listening to the answers and adding additional feedback, can match the answers the first Seller has completed. Easy and Simple!
Then at the completion have both Sellers Sign the bottom of the form.
When a Seller simply puts an "X" or checkmark, courts have been proven to ask, "Who filled out this form?" and "How can I prove who filled this out?" The initialed form proves who completed it and when.