Yes.  And I explain the disclosure laws and consequences of them not disclosing.  I also ask them ... if you were the buyer would you want the seller to disclose what they know and be truthful and honest?  The answer is always ... yes.  And I say ... then why would you not want to do the same? 

GOTTA disclose, sir/ma'am, if it materially/adversely affects consideration to be paid. You won't? I can't? Bye!

Jeff,

I would not take the listing if they did wanted us to hide the fact.  If this is the tone of their modus operandi, I think it is a clue to how things may go as time goes by.  This is after all California we live in.  We have had top notch real estate attorneys tell us and at our staff meetings, DISCLOSE, DISCLOSE, DISCLOSE!  It is not worth the few dollars someone thinks they may save by not doing so.   And our license is at risk.  A

I would first ask why just our of courtesy, then I would probably walk. As Oprah says, once someone shows you who they are, believe them.

Jeff,
Disclosure is one of the first things I explain. Sellers who might have thought of not mentioning something usually come clean after that conversation. Never a problem so far.

I would tell them you have to disclose. Don't get caught up in their problems.

Walk away if you have to, but explain the rules to them.

I've had it happen.  I told the seller that I had to disclose it as part of my legal responsibilities.  He squawked a little and then agreed to disclose.

Yes.

Yes.

Disclose now or Mrs Kravitz(the nosy neighbor) will and how will you explain that to a judge?  If they refused(or lied), I'd say this we are not a good match.  

No, I have never had an issue of a client questioning anything to disclose.

Now that I know I have to disclose. If I see something that should be disclosed I have to disclose that too. If you won't disclose I cannot work with you.

It is illegal to not disclose issues and to not speak up as a Realtor is also illegal and immoral.

Jeff I'd pull out our Seller Property Sellers Disclosure and it says disclose disclose - that would take care of it. And if they refused to they'd have to hire somebody else.

Jeff Dowler CRS I would explain the disclosure and if they still insisted, I would walk.

Jeff - Of course I would say that anything that materially affects the property needs to be disclosed. We have a SPDS form that sellers need to complete, and that is where a lot of these things would go.

If they wanted to hide something, I would have to walk away.

I disclose everything that should be disclosed.  One time a seller wanted to hide that a water pipe has previously burst. I put it in my disclosure.  Near the end of escrow the same pipe burst.  The selling agent said the seller didn't disclose this.  I told her that it was disclosed in my TDS.  That was the end of the discussion.  I was able to show the seller that I had their back, they were quite happy.

If they ask if we have to disclosure, it most likely HAS to, and have to have that conversation with the seller.

I had a seller that was under contract once who had a plumbing leak.  She said not to tell the buyer the issue was being fixed and by whom.  The owner was acting very suspicious, we have to disclose and show proof the work was done.  I told the buyer's agent it was being done.  The owner was furious with me.  The buyer was an attorney and the deal fell through because the buyer thought the owner was trying to pull a fast one.  I ended up letting the seller go.  It is not worth it to work with someone like that.

I tell them to disclose it.

That is a great time to explain the importance of disclosing everything, much less expensive to disclose now than to pay for it later after the lawsuit.

Good morning Jeff. That would require some education, as it is not worth the risk that could come as a result.

yes.  I explained they'd need to explain it on the disclosure and the home inspector would likely address it as well so they may as well go ahead and repair it and put THAT repair on the disclosure. They did.

I have had them ask if they had to disclose since they already got it fixed and I tell them yes.

I usually explain their responsibility about filling it out completly before they start on it.  If there was an issue and they disclosed it, the buyer couldn't come back and sue them over it.

I try to head off these kind of disclosures before the seller has a chance to tell me about a problem.

Disclosure & fraud are two distinct issues.  Why would we want to be party to fraud?

I tell them to disclosure disclosure everything.

I do not hide anything.  I would rather cancel a listing than do that.  If they ask if something needs to be disclosed... "When in doubt, disclose, disclose, disclose."  I can also reach out to the state's legal hotline too.

Defects must be disclosed.  I would explain this.  If the seller refused, I would decline the listing.

Yes. I usually tell them it's best to disclose, and anything can be fixed. Agents have higher duty to disclose than sellers.

I listed a home where the husband hung himself out in the barn.  The wife did not want that disclosed and Colorado law proptected her wishes.  I was very unfortable with the situation.  Never did sell that place.

"Dear seller, available to buyers today is a vast array of resources and professionals. It is an exercise in futility to attempt to hide a defect. They will find everything you wish to hide and 15 things you did not know existed. Those are just the facts.

Your choices are in order of preference:

1. Have house pre-inspected

2. Correct all safety issues and material defects

3. List house "as is" with "30 year old asphalt shingle roof" as the opening line.

4. Disclosure must be made but not until a buyer shows intent.

5.  You could change ownership instrument.

Then we should be good to go,"  I explain.

"OHhhhhh, I guess we should just disclose what we know."

"Now that's a plan I can work with! Let's get these docs signed."

We sell properties in NYC as is. The purchaser must rely upon its own investigation, rather than upon the Seller's representations, with respect to the condition of the property. The basic theory in NY real property law is "caveat emptor" meaning let the buyer beware. We don't have disclosure packets like many other states. (only agency and lead paint disclosure form)

Having said that, I will disclose material facts about the property that I know of that may affect the value of the property.

I just recently sold a listing where the seller informed me of a bed bug infestation. I told him that must be disclosed. While I didn't advertise that information or include it in listing data, any buyer that expressed an interest I then told them and their agent that there was an infestation and it been handled and eradicated.

If I had not disclosed and they found out during the due diligence process. I beleive it would have been a problem. 

Honesty and being up-front is the best policy. 

I recently had a seller ask regarding a peaceful death in the home. It was a very eastern Asian populated area and did cause a problem with buyers but we had to disclose.

I do not play those games, if I know about a material facts that may affect the value of the property, I disclosure and recommend my client to do the same. 

ALL known defects are to be disclosed by the seller!

If you find something after you must disclose as well.