Bryan weighs in on the issue of disclosures during a real estate sale. He is quoted in the article:
“If you suspect your client is either unaware of property issues or being less than forthcoming about them, and you want to ensure more transparency in the transaction, you could disclose your observations of the property’s condition to the buyer and encourage them to seek further professional advice,” says Bryan Zuetel, a real estate attorney and broker-owner of Esquire Real Estate Inc., in Irvine, Calif. “For instance, an agent might smell a moldy scent in the basement and see what looks like mold, but the agent is not qualified—nor required to—conclude that there is mold in the basement,” Zuetel says. “The agent could simply disclose a ‘moldy scent’ or a ‘moldy appearance’ in the basement, and advise all parties to engage the proper professionals for further evaluation. Whether a seller acknowledges the issue is not relevant to the agent’s duty to disclose.”
- Bryan Zuetel, Esq.
Here is a link to the recent National Association of Realtors® Official Magazine article.