KANSAS Realtors DiSCLOSURE LAW

[Dan Bowers, CMI]

I saw this in the Realtors Newsletter - Thought it Interesting, because it answers something we talk about a lot.
FAILURE of licensed real estate agent to DISCLOSE known information.

Its a Q/A section of their newsletter devoted to legal questions to their Attorney

___________________________________________

REBR Legal Hotline is now available (2010 subscription) in the REBR IMS Store!
Only $150 will keep you and your entire firm in touch with Vern Jarboe, the REBR Legal Hotline Attorney all year!

Question:

You asked whether or not it is the listing agent's responsibility to research previous listings on the MLS and disclose copies of inspections and/or previous seller disclosure forms that are found in that search.

Answer:

The license law has no duty to investigate. It only requires disclosure of what you actually know. The seller would be under a responsibility to disclose the things you describe.

Legal Hotline Attorney Vern Jarboe answers frequently asked questions from Kansas REALTORS® about their
transactions. For more, please link to:

http://www.kansasrealtor.com/legalhotline.html

[Bruce A. King]

Which is why we see very few prelisting inspections.

[Gary Farnsworth]

I had a home inspection this morning on a home with a roof that was about 25 years old; junk, and full of damage/holes. Disclousure said that it was 5 years old. Current owner has owned the home 3 years. Disclousures are never correct. I never read them. RE's should loose their license when they list a home and present disclousures that are not correct. IMHO.

[Dan Bowers, CMI]

Gary -

Which is why we have licensed Kansas Home Inspectors.

1. Shift Liability off realestators
2. Give attorneys another food source & make it easier to sue
3. About 161 licensed KS home inspectors @ $200 ($32,000)
4. HI Board Office is mail drop at Accountants Office
5. HI Board Phone is answering machine in Accountants Office
6. No HI representation on the Board EXCEPT for ASHI
7. NEVER had 1 consumer ever come to hearings & complain about HI's, just the realestator lobbyist, the trial attorney lobbyist AND engineering lobbyist WORKING to get engineers excluded from the law.

Explain to me again about the consumer protection.

[Brian A. MacNeish]

Originally Posted by dbowers

Explain to me again about the consumer protection.

Dan:

I'm getting 90%+ of my inspections from my website or by referrals from past customers. The other 10% are from realtors......only 4-5 of about 1000 local realtors refer me.

Many of these customers have had prior home inspections done but would not hire the previous HI again!! There's the consumer protection when they tell me they will refer me as much as they can. The other HI's do not have their confidence!!

[Dan Bowers, CMI]

Brian -

You are where in the country?

Whats your web site look like?

[Gary Farnsworth]

Dan; sounds like Washington, DC. Oh, wait a minute. That is where our former Kansas governor is now trying to run some large government enity about heath and humans. I am sure she is an expert.

RE's here in Kansas control the home inspection industry, the banks are controlling the appraisers, all with the blessings of state and local governments.

People just don't get it.

[Dan Bowers, CMI]

Gary -

I hear that talk ............ *70%-90% of my business comes from past clients, referrals, my web site, etc, etc. If so I'm happy for them, BUT


As you well know out here with Dorothy and ToTo, IT AIN"T SO ......

The inspectors I've seen that are REALLY cranking out the business are for the VAST majority going in cheap, soft OR both.

[Gary Farnsworth]

This week, I also had an inspection with an agent that I have done business with in the past. She wanted me to do a full inspection on a south KC home, which I did. Home was about 10 years old. I told the agent and her client about the roof, which was generally in pretty good shape.

Her office broker was demanding that the office agents were to start using contractors to do the inspections for free, which some have. So, she got one of the "office" roofer contractors to check the roof earlier in the day. After I told her about the roof being OK, she said that she wanted my honest opinion, and she knew she would get it from me and pictures to prove it. The roofer stated that he would not live in "that" home with the roof in so bad a condition; holes, severe damage, cracks, etc., and quoted a new roof replacement.

Perhaps we now all need to become contractors here in Kansas, and start shafting clients, along with all of the other contractors who are doing free foundation checks, electrical evaluations, plumbing checks, etc. and making millions on repairs, needed or not. At least I am glad someone is making money here in Kansas. It ain't me.