This sometimes creates problems for Realtors. Imagine this scenario. A seller tells a Realtor that he has his house listed with that he had a tenant in the house that was running a marijuana grow op. Then the seller tells the Realtor that he does not want him to tell any perspective buyers. This is a problem. One the one hand the Realtor is required by law to disclose what they call "Material Latent Defects", which a grow operation is one of them, so he has to disclose this to prospective buyers. Then on the other hand the Realtor is bound by a duty of confidentiality to his seller so he cannot tell prospective buyers about the grow-op. What does he do? The answer is that if he cannot convince the seller to be honest he must cancel the listing. He still cannot disclose the fact because the obligations of confidentiality extend after the listing is canceled. This is one of a few situations for Realtors that have no happy ending.
Did you know that Realtors are legally bound to confidentiality?
- December 4, 2015
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