Property disclosures foster trust and shield real estate agents from potential legal issues. Adhering to disclosure requirements can help you maintain the professional reputation you’ve worked so hard to build.
Disclose All Material Defects
Make it your duty to inform potential buyers of any known issues that could affect the property’s value or desirability. This is your responsibility regardless of whether you’re representing the seller or the buyer.
If you’re representing the seller, make sure they fill out any disclosure forms accurately to the best of their knowledge. If you’re representing the buyer, you must share the disclosure and any other relevant information.
Failing to disclose any material defects, no matter how minor, could lead to lawsuits and disciplinary actions. In the worst case, your real estate license could be suspended or permanently revoked.
Avoid Misrepresentation
You’re prohibited from providing any inaccurate information relating to a real estate transaction. Even accidentally misrepresenting a property or misinforming a client could lead to allegations of misrepresentation, which is a serious offense in California. Always verify facts before sharing them with clients.
When giving information to your clients, do so in clear, unambiguous terms. If you need to convey information in a written format, such as text or email, be clear about what you know and don’t know. There’s no room for any gray area when relaying information about a property.
Communicate Clearly
Make sure to document all significant communications with clients. Written records can serve as evidence of your professional behavior if disputes arise.
Compose every email and text as if the state board will review it as part of a disciplinary hearing. That way, you can protect yourself from false allegations and answer any claims of wrongdoing by providing clear proof to the contrary.
That doesn’t mean you can’t ever talk to clients over the phone or provide important information in person. However, it’s wise to verify and reiterate key facts in a written or electronic format.
Let’s say a client wants to know if they can build a single-family home and an accessory dwelling on a piece of vacant land. If you were to receive confirmation that they can from a county official, you would want to retain those communications for your records.
If the official was mistaken, you could use their emails to protect yourself in the event that a dispute were to arise.
Understand State Regulations
Verify that you thoroughly understand state rules regarding property disclosure, including which forms to use, who must complete them, and how they must be made available. Ensuring that disclosures are completed correctly and made readily available can help you steer clear of legal trouble.
If you have a question about California’s disclosure regulations, don’t rely solely on other agents. While an experienced agent may be able to point you in the right direction, you should double-check what they tell you for yourself — after all, it’s your license on the line.
Consult a Real Estate License Defense Lawyer for Legal Advice
If you’re uncertain about your disclosure obligations, the best option is to talk to an experienced attorney. Seeking proactive legal advice can prevent future issues and reduce the risk of disciplinary action.
Buying a home is one of the biggest transactions most people will ever participate in. The size of the transaction translates to serious potential liability for real estate agents, especially when they don’t follow disclosure laws.
Property disclosure issues are something you need to take steps to avoid at all costs. An experienced attorney can help you do just that.
How to Deal With Non-Disclosure Allegations
If you’ve been accused of failing to disclose legally required information about a property, you must push back against those claims to preserve your reputation, as these types of claims can quickly escalate and even lead to litigation. To do that, you’ll need the support of a real estate license defense lawyer. Your attorney can uphold your rights as a real estate agent and protect your license.
California imposes strict disclosure regulations on real estate agents and brokers. Take any allegations against you seriously and secure trustworthy legal assistance right away. Your reputation and your license could depend on it.
Contact S J Harris Law to Speak With a Real Estate License Defense Attorney
When your professional license is on the line, you need an attorney who will stand firmly behind you. The proven real estate license defense lawyers at S J Harris Law are passionate about representing hard-working professionals across California and keeping their livelihoods and reputations intact.
Contact our team today to schedule a free initial consultation.
