544,014
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.
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Lyn Sims
Schaumburg, IL
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Kathleen Daniels, Prob...
San Jose, CA
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Roy Kelley
Gaithersburg, MD
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Debe Maxwell, CRS
Charlotte, NC
5,216,337
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!
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Nina Hollander, Broker
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Lyn Sims
Schaumburg, IL
5,229,339
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!
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Lyn Sims
Schaumburg, IL
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Kathleen Daniels, Prob...
San Jose, CA
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Roy Kelley
Gaithersburg, MD
1,725,996
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
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Kathleen Daniels, Prob...
San Jose, CA
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Nina Hollander, Broker
Charlotte, NC
5,583,278
Not to my knowledge.....
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Nina Hollander, Broker
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
2,684,009
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.
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Kathleen Daniels, Prob...
San Jose, CA
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Lyn Sims
Schaumburg, IL
1,712,676
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.
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Nina Hollander, Broker
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
1,617,916
it is required
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Kathleen Daniels, Prob...
San Jose, CA
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Roy Kelley
Gaithersburg, MD
2,781,113
Not that I know of. I would look to Title Insurance and HOA for this
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Kathleen Daniels, Prob...
San Jose, CA
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Roy Kelley
Gaithersburg, MD
2,220,323
That is covered in the Community Association Disclosure.
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Anthony Acosta - ALLAT...
Atlanta, GA
3,071,489
Anna Banana Kruchten, CRS nailed this one!
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Kathleen Daniels, Prob...
San Jose, CA
1,543,335
3,416,038
There is a place to check yes or no and add detail
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Kathleen Daniels, Prob...
San Jose, CA
4,800,082
It would be a good idea, though I'm not sure how well it could be implemented.
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Kathleen Daniels, Prob...
San Jose, CA
4,882,355
It is not required in our mls.
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Kathleen Daniels, Prob...
San Jose, CA
4,571,917
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?
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Kathleen Daniels, Prob...
San Jose, CA
3,340,443
No not MLS...however the RECR (real estate condition report) required with all sales in Wisconsin would have to disclose any such activity.
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Kathleen Daniels, Prob...
San Jose, CA
6,392,919
I am fortunate to stay far away from HOA's.
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Kathleen Daniels, Prob...
San Jose, CA
4,319,419
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!
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Kathleen Daniels, Prob...
San Jose, CA
3,988,007
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.
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Kathleen Daniels, Prob...
San Jose, CA
3,986,258
I don't know and I have done one in the last 15 yearss.
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Kathleen Daniels, Prob...
San Jose, CA
961,383
The latest update to the MLS added HOA information, including a question on known litigation.
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Kathleen Daniels, Prob...
San Jose, CA
911,228
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.
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Kathleen Daniels, Prob...
San Jose, CA
3,587,835
It must be disclosed in the seller property disclosure statement (SPDS).
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Kathleen Daniels, Prob...
San Jose, CA
5,048,748
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.
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Kathleen Daniels, Prob...
San Jose, CA
3,164,119
no, but HOA communities are few and far between in my market.
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Kathleen Daniels, Prob...
San Jose, CA
117,135
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.
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Kathleen Daniels, Prob...
San Jose, CA
5,104,931
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.
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Kathleen Daniels, Prob...
San Jose, CA
809,258
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
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Kathleen Daniels, Prob...
San Jose, CA
1,844,171
Yes & there was one that lost the ability to obtain financing for many years. That has now been resolved but many owners were trapped.
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Kathleen Daniels, Prob...
San Jose, CA
7,835,313
I am not aware of any requirement.
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Kathleen Daniels, Prob...
San Jose, CA
634,482
4,935,567
1,622,432
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.
711,752
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).
1,502,878