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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Was your neighbor's home listed with you prior to their relative? (Were they a client when you discovered the defects?)

Do you have proof of the defects?

Apr 10, 2018 09:33 PM
Rainmaker
964,456
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

As a licensed agent, when it comes to structural defects, you 'know' nothing--only what you believe to be true.
You have zero obligation unless your client is interested in buying that house.
Even then, unless you are a structural engineer, your obligation at that time would be to advise your client that they need to perform extensive due diligence on the property before they make their earnest money hard.
Whatever you may have known in the past, you don't know what is, now, today.

Apr 11, 2018 03:04 AM
Rainmaker
290,619
Allie Angeloni
Long Realty - Oro Valley, AZ

Unless if you bring the 'other party' to the Contract, I don't see as a neighbor, that you would have an obligation to disclose someone else's defects.  It could be a 'he said she said' situation unless if there is proof (like a photograph or a video) on your part, and how would you interject 'that' into a conversation with a potential client that is not yours.  Totally agree with Pete Xavier with X Group Real Estate Advocates, that Inspections should reveal a past problem, and that is was already fixed.  Though that being said, it should be disclosed in the SPDS, because if it was fixed, they obviously knew there was a problem/defect.

Apr 10, 2018 11:06 PM
Rainmaker
900,379
Pete Xavier
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Zero obligation unless you're representing a buyer who is interested in that same property. Non disclosure of material facts could lead to serious legal issues, hopefully the prospective buyer will have the home professionally inspected.

Apr 10, 2018 09:02 PM
Ambassador
5,897,836
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Hopefully the agent and your neighbor know of the defects and disclose them.

Apr 10, 2018 09:20 PM
Ambassador
2,158,813
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

If you are neither the listing agent, buyers agent, seller or buyer, zero.

Apr 11, 2018 03:12 AM
Ambassador
2,622,339
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 Politely I say,  MYOB.

Apr 11, 2018 06:34 AM
Rainer
54,890
Jordan Ayan
The Lifestyle Collection - Scottsdale, AZ
Luxury Market Expert, CLHMS,Million Dollar Guild

Unless you represent the buyer you are basically Mrs. Kravitz if you say anything (upvote if you know who she is) 

Apr 11, 2018 05:26 AM
Rainmaker
2,069,897
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Great question and asnwers. Good luck. 

Oct 23, 2018 08:59 PM
Rainmaker
1,598,230
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Good answers are here. I hope you find the best one. 

Oct 23, 2018 08:57 PM
Ambassador
3,187,812
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

If you are not a party to the transaction you have no obligation. Some might feel a "moral" or "ethical" obligation ... and with that comes great responsibility. 

Apr 11, 2018 07:55 AM
Rainmaker
4,471,916
Richard Weeks
Dallas, TX
REALTOR®, Broker

If I start working with a client or customer who was interested in that property I would disclose what I know.

Apr 11, 2018 05:25 AM
Rainmaker
4,653,900
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

You have no obligation unless you are representing a buyer for that home. And I'd be asking where is your incontrovertible proof of defects.

Apr 11, 2018 04:51 AM
Rainmaker
1,708,245
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I would let my buyer be aware of your opinion. It is an opinion unless you have concrete proof.

Apr 11, 2018 04:04 AM
Rainmaker
539,386
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

This is a tough one. The house across the street from me just closed under similar circumstances and now i have new neighbors who don't know what i know about their house. The whole situation sucks.

Apr 11, 2018 03:50 AM
Rainmaker
1,045,215
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

Who exactly would you be disclosing this information to?

How did you come by this "knowledge" as Candice A. Donofrio mentioned unless you are an EXPERT you don't KNOW anything...

You haven't said anything that indicates you have ANY involvment in this transaction at all. 

Apr 17, 2018 07:23 AM
Rainer
2,875
Lorraine Ramirez
RE/MAX 1 - Austin, TX
Love working in Austin TX and surrounding areas.

As a real estate agent you have to disclose if you are representing a relative. 

Apr 11, 2018 06:21 PM
Rainmaker
5,581,678
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

do not ever interfere with anyone's transaction....you'll get your butt sued.

Apr 11, 2018 11:39 AM
Rainmaker
1,448,232
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If you're not part of the deal you have zero fiduciary responsiblity and zero obligations.  Same with if the house across from you listed with a random agent.  Even bringing up the topic could open you up to risks of litigation if the info was inaccurate and it killed a deal.

Apr 11, 2018 09:05 AM
Rainer
372,049
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

If it isn't yours to disclose, I'd stay out of it. 

Apr 11, 2018 08:37 AM
Rainmaker
7,219,290
Roy Kelley
Retired - Gaithersburg, MD

If you are not a party to the transaction, you should not be involved.

Apr 11, 2018 08:31 AM
Rainmaker
878,358
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

MYOB applies.

Apr 11, 2018 08:05 AM
Rainmaker
5,770,272
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Stay out of it.  What Debe Maxwell, CRS said.  A

Apr 11, 2018 06:50 AM
Rainmaker
1,086,285
Doug Dawes
Keller Williams Realty Evolution - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

In general terms, you don't have any legal obligation since they are not your client. 

Apr 11, 2018 06:16 AM
Rainmaker
3,403,079
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Unless you are representing a buyer for that home, you have no obligation. If you are going to make accusations to buyers you do not represent who look at the home, you better have proof or could be sued

Apr 11, 2018 05:56 AM
Rainmaker
4,710,017
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Unless you represent a buyer for the property, leave it alone or make sure your E&O will cover you!

Apr 11, 2018 05:38 AM
Rainer
225,515
Bob Betel
Allstar Home Mortgage, Inc. - Sweetwater, TN
President, Allstar Home Mortgage, Inc

Unless you are going to be involved in a transaction, I would stay out of the situation. It's not your concern

Apr 11, 2018 05:23 AM
Rainmaker
3,071,034
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Debe Maxwell, CRS nailed this one!

Apr 11, 2018 05:07 AM
Ambassador
3,101,446
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I would disclose to any buyer who wanted to put an offer on the house.

Apr 12, 2018 08:40 PM
Rainmaker
1,576,813
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I had a similar situation, when the listing next to mine was a flip and neighbors told me that that house had structural damage. I mentioned it to my buyer client( since it is kind of rumors that I heard, I had no evidence), fortunately my client did not like the house, otherwise, we'd just bring a good inspector. The owner likely had no knowledge since they never lived there and the agent was out of area as well. So, i'm sure, they just answered ''to my best knowledge: I do not know''.

Apr 11, 2018 11:39 PM
Ambassador
4,318,202
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

If you don't have a buyer for this home, it should not matter.

Apr 11, 2018 10:52 PM
Rainmaker
3,986,050
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Leave it alone.  The sellers agent and the owners will be liable in the future

Apr 11, 2018 08:15 PM
Ambassador
3,987,310
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

We are not officers of the court and have no obligation to report. 

Apr 11, 2018 07:39 PM
Rainmaker
1,197,833
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Stay out of.

Apr 11, 2018 12:22 PM
Rainmaker
1,086,375
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Unless you are part of the transaction, keep your information to yourself and your nose our of someone else’s business.

If you were part of the transaction, my advice would be different.

Apr 11, 2018 09:09 AM
Rainer
117,085
Christine Kankowski North SD and Temecula
House Match Inc - Poway, CA
Excellent Sales and Property Management

Are you certain it was not disclosed?  How do you know?

If you knwo the sellers, I would let them know that they need to disclose everything pertinent about the property, or they could be held liable after the fact if it was a material issue. 

Apr 11, 2018 07:53 AM
Rainmaker
4,799,763
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It is not your obligation.

Apr 11, 2018 06:36 AM
Rainmaker
920,968
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

I would contact __________ and present _______________ to the agent and owner.

The broker involved would be advised that _______________ is required in accordance with _______________.

Content redacted because it is unknown if the presenter of the question possess the education or requirement to handle such information with professionalism.

Apr 11, 2018 05:12 AM
Rainmaker
4,433,859
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

If I have a buyer client I would tell my buyer to look into it

Apr 11, 2018 04:38 AM