This topic came up in my 45 hours of continuing education, and Donna agreed that rarely do listing agents comment on their seller’s disclosures – do they even read them? A focal point as we transition into single agency:

To complete the disclosure process, the seller’s agent filters property information provided by the seller before it is provided to the prospective buyer.

Accordingly, all property information received from the seller is reviewed by the seller’s agent for inaccuracies or untruthful statements known or suspected to exist by the seller’s agent. Corrections or contrary statements by the seller’s agent necessary to set the information straight are entered on the disclosure forms before the information is used to market the property and induce prospective buyers to purchase, collectively referred to as fair and honest dealings.

The extent to which disclosures about the physical condition of the property are to be made is best demonstrated by what the seller’s agent is not obligated to provide. Everything else adversely affecting value and known to the seller’s agent – material facts – are to be brought to the attention of prospective buyers as a matter of law.

As a minimum effort to be made before handing a prospective buyer information received from the seller, the seller’s agent is to:

  • review the information received from the seller;
  • include comments about the agent’s actual knowledge and observations made during their visual inspection of the property which expose the inaccuracies or omissions in the seller’s statements; and
  • identify the source of the information as the seller.

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