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Kathleen Daniels, Probate & Trust Specialist, Probate Real Estate Services (KD Realty - 408.972.1822)

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Rainmaker
544,014
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

It is not a requirement in our MLS but it should be. We have a Seller Condominium Certificate that the HOA fills out, including disclosure of pre-litigation or litigation. Some agents are not aware of the concept and put their buyers at great risk.

Jul 04, 2017 09:48 AM
Rainmaker
5,216,337
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

The potential of litigation involving a property should be disclosed as it could be considered a material fact! Especially if threatened but not yet filed. The title company would not pick it up!

Jul 04, 2017 09:57 AM
Ambassador
5,229,339
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

We don't have that requirement and unfortunately everyone doesn't upload their Disclosures to MLS either - also, not a requirement.  But, YES, I DO believe that it should be a requirement.

What agent wants to take their listing off of the market with a buyer who has not been informed of such matters, only to discover them during Due Diligence and terminate? It makes no sense to me but, it happens all the time!

Jul 04, 2017 09:51 AM
Rainmaker
1,725,996
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

That goes along with Sellers Property Disclosures. So, that would be a YES, if the information is, or should have been known to the seller and, or listing agent there must be disclosure

Jul 04, 2017 10:38 AM
Rainmaker
5,583,278
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Not to my knowledge.....

Jul 04, 2017 10:18 AM
Ambassador
2,684,009
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 

     I have belonged to several MLS's in Florida.   I am not aware of any checkbox or line item in the MLS description. 

   The Seller's disclosure addresses HOA legal problems.  

   If the Seller or Broker has knowledge of litigation and fails to disclose it, they are setting themselves up to lose a civil suit in court.  Concealment.

 

Jul 04, 2017 10:10 AM
Rainmaker
1,712,676
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Only in our sellers disclosure that is state mandated. You have to put in any lawsuites that are either pending or finalized that affect you or the property.

Jul 04, 2017 10:04 AM
Rainmaker
1,617,916
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

it is required

Jul 04, 2017 09:49 AM
Rainmaker
2,781,113
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Not that I know of. I would look to Title Insurance and HOA for this

Jul 04, 2017 09:45 AM
Rainmaker
2,220,323
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

That is covered in the Community Association Disclosure.

Jul 05, 2017 07:39 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Anna Banana Kruchten, CRS nailed this one!

Jul 05, 2017 07:20 AM
Rainmaker
1,543,335
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

No

Yes

Jul 05, 2017 06:58 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

There is a place to check yes or no and add detail

Jul 05, 2017 05:44 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It would be a good idea, though I'm not sure how well it could be implemented.

Jul 05, 2017 05:40 AM
Rainmaker
4,882,355
Richard Weeks
Dallas, TX
REALTOR®, Broker

It is not required in our mls.

Jul 05, 2017 04:59 AM
Rainmaker
4,571,917
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

It does not.  Sometimes it is mentioned in the mls remarks)either public or agent only as a courtesy).  There are errors that occur in the mls and in the statutory disclosures, how would it be enforced?  

Jul 05, 2017 04:57 AM
Rainmaker
3,340,443
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

No not MLS...however the RECR (real estate condition report) required with all sales in Wisconsin would have to disclose any such activity.

Jul 05, 2017 03:27 AM
Ambassador
6,392,919
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I am fortunate to stay far away from HOA's.

Jul 04, 2017 11:02 PM
Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Kathleen Daniels - Seller's Disclosure is NOT mandatory in MA - however, some defects, intentionally hidden from the potential buyers may be the basis for section 93A!

Jul 04, 2017 10:12 PM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

They do not have any requirements in regards to HOA status. I do not think they should as it would be relying on the accuracy of reporting from agents and we all know how faulty that is.

Jul 04, 2017 06:48 PM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I don't know and I have done one in the last 15 yearss.

Jul 04, 2017 06:31 PM
Rainmaker
961,383
Mel Ahrens, MBA, Kelly Right Real Estate
Kelly Right Real Estate - Hood River, OR
Customized Choices for your Real Estate Needs

The latest update to the MLS added HOA information, including a question on known litigation.

Jul 04, 2017 04:13 PM
Rainmaker
911,228
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Don't think so. our MLS recently merged MRIS, Trend, Bright, so maybe there will be some new requirements that i don'tknow about yet.

Jul 04, 2017 01:20 PM
Ambassador
3,587,835
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

It must be disclosed in the seller property disclosure statement (SPDS).

Jul 04, 2017 12:39 PM
Ambassador
5,048,748
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

As far as I know it's not required although it is sometimes noted. It's important to know about. I think it should be required.

Jul 04, 2017 12:30 PM
Ambassador
3,164,119
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

no, but HOA communities are few and far between in my market.

Jul 04, 2017 12:05 PM
Rainer
117,135
Christine Kankowski North SD and Temecula
House Match Inc - Poway, CA
Excellent Sales and Property Management

I dont think it is necessarily the MLS's responsibility .  I think that falls on the agents as well as the buyers to read through the HOA documents that are given to them. 

Jul 04, 2017 12:04 PM
Rainmaker
5,104,931
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

It's not an option to disclose in mls unless you put in agent remarks. It must be disclosed in the property disclosure statement, which I always upload to mls, although many agents don't.

Jul 04, 2017 11:59 AM
Rainmaker
809,258
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

No, not the MLS, but material fact per state law.  Actually I dont' think that it needs to be an MLS requirement, I think it should be added to our state disclosure document which is required for sellers to provide to buyers. That would solve that disclosure issue. Though, many times I don't know that agents or possibly even owners know what's going on. There was a 55+ community that was in a legal dispute with the developer for years.  Every time I had an interested buyer I'd call the agent and they wouldn't even know about it.  I had the contact person for the HOA in my phone and she gave me updates about once a year. Nothing was ever in the MLS about it. -Kasey

Jul 04, 2017 11:33 AM
Rainmaker
1,844,171
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Yes & there was one that lost the ability to obtain financing for many years. That has now been resolved but many owners were trapped.

Jul 04, 2017 10:12 AM
Rainmaker
7,835,313
Roy Kelley
Retired - Gaithersburg, MD

I am not aware of any requirement.

Jul 04, 2017 09:53 AM
Rainmaker
634,482
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Our MLS does not require it but WE do.

Jul 09, 2017 01:36 AM
Rainmaker
4,935,567
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I wish they would

 

Jul 06, 2017 02:26 PM
Rainmaker
1,622,432
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

No, it does not. I'm surprised how many listing agents have no clue about HOA litigations. They usually post in private remarks: buyer and buyer agent to investigate. What a nonsense. 

Jul 06, 2017 12:00 AM
Rainmaker
711,752
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

That line is not specific in our seller's disclosure statements. However, we have a catch all - anything else that may impact the property. And prelitigation or any litigation impacts. We always disclose this to a potential buyer (assuming we know about it).

Jul 05, 2017 11:19 AM
Rainmaker
1,502,878
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'm not aware of it, or how we'd even know.

Jul 05, 2017 10:05 AM