Disclose Disclosure

Question: Real Estate Disclosure. What do you disclose as an Agent? Can you guys please list the things an agent need to disclose to the buyer? Thanks a lot :) California Real Estate guys, sorry.

Answer: Each state within the US has different rules as to what should be disclosed by sellers. Even if you sell your house without an agent you are still required to disclose the same things. An agent would have to disclose who they are representing. If an agent is aware that the owner is not following the legal requirements of any disclosure then they are required to disclose what they know, but I just would refuse to show a house where I know the owner is being dishonest- and I certainly would refuse to list such a house. I had a house listed one time where the owner had taken down utility signs that warned of a high pressure underground pipeline. As soon as I found out what he was hiding, I insisted he put them back up- he refused and I terminated the listing. i just realized I forgot to say there are exceptions to the disclosure law in Texas. In cases where the state thinks disclosure would be unnessesary they have listed nine secific types of sale that are not required to fill out the disclosure form. Even those sellers may have to disclose if they know of a condition- they are just not required to fill out the form. The most common exceptions for me as an agent to be involved with are, Builders selling a brand new- never been lived in house, sales of foreclosures and sales of property where the house is reconized as have less than 5% of the value of the sale. A landlord that never has lived in the house often thinks they should not have to fill out a disclosure but they are required to give any information that they may have. (like how old is the roof).

Question: Does Disclosure Scotland disclose offences dealt with in england?

Answer: Yes it does. Disclosure Scotland has the same function as the Criminal Records Bureau in England. Here is the link to the descriptions they give of their disclosure levels:- http://www.disclosurescotland.co.uk/type…

Question: What disclosure Federal law(s) require insurance firms to disclose a client's records by court subpoena? My insurance company issued me a privacy policy. But it also says "...on rare occassions, we may be required to share this information; ... If ordered by summons, court order, search warrant..."

Answer: HIPAA requires your insurer to give you a notice of your privacy rights and tell you that your records might become subject to disclosure through a court order, etc. your state's general laws would determine when your records could be subpoenaed or otherwise disclosed. the state insurance department, for example, generally can ask your insurer for any records it has on you and the insurer must respond. don't forget the federal anti-terrorism laws. if the gov't thinks you are an "evil doer", it can send your insurer a letter demanding your records, without a court order, and your insurer must give them and can't tell you the gov't asked for them. good luck!

Question: We purchased a home and the seller lied about standing water on the seller's disclosure. Is this fraud? We purchased a home 6 months ago. The seller's disclosure did not disclose that there was standing water on the property. This was not evident during the drought in which we purchased the house. Is this considered fraud? So far the lawyer that we have contacted has not indicated this? Also, we did have a home inspection. They inspect just the home, not the property. At the time of the contract, inspection, and purchase there was no evidence of this problem because of a drought that had been in place for many months prior to the contract on the house.

Answer: In some states there are laws requiring that the real estate agent discloses a known problem to the prospective buyer. Contact your state real estate board and ask them what the rules are.

Question: If I signed a non disclosure agreement can I still disclose that I signed a non disclosure agreement? My friend had a lawyer that threatened to sue a motorcycle company called Hyosung for his motorbike being a lemon and the company agreed to buy the bike back from him for safety issues with the bike but he had to sign a nondisclosure agreement. I know that he can't officially disclose of the actual events leading to the agreement in a court but can he testify or give statements that he simply signed a disclosure agreement that lead to him being refunded his money?. Because I'm having safety issues with my motorbike that is the same model and there have been federal recalls on my bike that weren't properly fixed on my bike and it's rendered my bike inoperable. My gas tank keeps cracking for no reason and I've already replaced 2 of them and the second one is leaking aswell and I can't get in touch with Hyosung motor company. So I want to prove that the company has had a history of bad business far as maintenance goes and there response to my phone calls which they never return . What can I do. I don't want to go to court but I want the company to know I mean business.I've informed them That I'm aware of the unsatisfactory rating with the BBB and there recall that they didn't fix on my bike that the National Highway safety dept association shows on there website. I reported them to the BBB for not answering my phone calls and they submitted false statements to the BBB and said I've refused to take my bike to there shop but they don't know that I've recorded all my conversations with the dealer and the dealer is on tape saying that the company wont return phone calls concerning warranty registration so I have proof that I've made every effort to have my bike's recall work done. I want to destroy this companies credibility so they will have no room to escape. What can be done anyone? I began recording my phone calls to the manufacturer where I leave messages that never get replied to and the company told the BBB that they have responded to all of my calls so I sent an email and notified the manager that I have phone records that show no incoming phone calls from there headquarters. I since then have demanded that they retract there statement otherwise it would be perjury. They realized I'm not playing around and have responded but there still not returning my dealers phone calls about my warranty registration. The dealer says he can't fix my bike until he verify the warranty status but he has indicated that the manufacture just doesn't return phone calls. I have this all on digital recorder it's been 3 days since the manufacture has began to reply to my emails yet they still haven't taken the intuitive of calling my dealer to inform him that my bike is under warranty.I want to gather as much evidence I can to prove there creditability is worthless.

Answer: Why not contact your friend's lawyer? The fact that he has already won one case against the company will make it easier for him to win again. Tell him you want the company to buy the bike back, pay his fees and give you something for pain and suffering. Hope this helps Jerry-the-bookkeeper

Question: What should I include in the disclosure agreement for my clients who I am training their dog? I have created a client information sheet for my client to fill out regarding their pet information and their contact information. What items should be disclosed in the disclosure agreement that can be covered so they do not come up later as a problem or dispute?

Answer: if your dog dies not my fault

Question: Where can I find the official disclosure of Berkshire's stock selections and trading records? I know that Berkshire has to disclose their stock selection every three month or so or when they purchase more than a certain amount of shares of a company. I am looking for the official disclosure, not bogus sites asking for a small fee and clamining that they have the list of Bershire's stock selection. Thanks in advance.

Answer: http://www.gurufocus.com/holdings.php?Gu…

Question: What law states that New York State needs to disclose information pertaining to a hearing? What law states that New York State needs to disclose information pertaining to a hearing? Or is it a federal law? And do I need a legal form to request disclosure? Thanks everyone.

Answer: It's known as the Open Meetings Law. see: http://www.dos.state.ny.us/coog/coogwww.…

Question: What is the role of a real estate facilitator and what does the buyer need to disclose? My husband and I are currently looking to buy a home in Massachusetts. We have had a run-in with two real estate salespersons in regards to our "ethics". We are first time home buyers and we were under the impression that, when signing the disclosure, we were using the salesperson ONLY as a facilitator. We did not disclose that we have several family members who are in the business, as we had not discussed our home-buying with them. After viewing a few houses with a facilitator, a week later, we decided it would be in our best interest to use a family member as our buying agent. We have recieved both phone calls and emails from two salespeople of an extremely unprofessional manner. What should we do in this situation? Were we in the wrong? Are we in a position to file a ligitimate complaint?

Answer: Following is the description of a "facilitator" -"facilitator - a real estate licensee who assists in arranging real estate transactions. The distinction, if any, between traditional real estate brokers and facilitators is that facilitators tend to charge hourly fees for their services, rather than charging a commission rate." Each state has different rules and regulations. In the form you signed with the facilitator did it indicate you had to stay with that person for a certain amount of time and is there a monetary agreement? If not, you are free I would think, to have anyone you want help you find a home. If you are receiving unprofessional emails, etc from them you should report them to your local Board of Realtors. Also, I would think twice about a family member as an agent. Usually a seller needs to disclose everything they truthfully know about the home their selling. Good luck!

Question: What subject matter should I include in a demand letter for disclosure of policy limits? This was for an auto accident last year where I and my sister were injured. The other driver was found to be 100% at fault. I want to do the foot work for the insurance claim myself, but not sure what I should say to request disclosure of the policy limits from the AT FAULT person's insurance company -- AAA. I want to make sure that the insurance company understands that I want them to disclose any family members on the policy as well if they are responsible parties for the AT FAULT person's actions. Thanks so much!

Answer: When I was an adjuster with the Auto Club it was company policy to simply disclose the policy limits to a claimant whenever they requested it. Maybe things have changed, but you might try calling and asking before you get tough with them unnecessarily.

Question: Disclosure of audio tapes to the third party is legal? Any chance I will be sued if I disclose an audio record of phone conversation to the third party? For example, I recorded a chat with my bf and wanting to disclose it to his brother out of the court. My bf didn't know it was recorded but he will know after the disclosure.

Answer: That depends on what state you were in when you recorded it. Some state require all parties to the conversation to know they are being taped. Most only require one.

Question: What are my rights if someone discloses information to me without a non disclosure agreement? Someone informed me of a project they were working on. Later I recieved a phone msg stating that they were moving forward with the project without out me. That was perfect as I was not intereseted in the first place and would have stated that had they called and asked. Now they are repeatly calling leaving threating msgs stating I will go to jail if I don't contact them and sign a non disclosure waiver or something. Any advise? I just want this person to go away.

Answer: In the US--you can't go to jail over this, but if you aren't interested in the project, why not just sign the thing and then this person will go away?

Question: do landlords have to disclose on the application that they do a background check? if a rental application does not disclose to the applicant that there will be a back ground check is it safe to assume they will not do a background check? i think for legal reasons they would have to give a disclosure? i am just courious for i am applying at a place that just staes there will be a credit check and says nothing about a background check

Answer: Yes, because they need to have your permission to gain acsess to your personal information and,while you don't have to give consent,they may turn down your application based on your refusal

Question: Question about property disclosure- previous owners didn't disclose problems? Hi- thank you for looking at our question. We bought our first home in September '08. Our property disclosure didn't state any problems with our home or land. When early spring came around- our whole back yard started flooding. We have over 2 acres. After doing some investigating- we found out that the previous owners had it listed with one realtor- couldn't sell....so, decided to list the home with another realtor and decided not to dislose any of the problems. We tracked down the first property disclosure and it had all the problems listed: crawl space has flooded, back field with low spots and water standing...etc. So, my question is.....are the previous owners responsible for the repairs? And, would this be considered fraud? We have both disclosures and they are clearly not the same....and, they are within a year of one another. Any help would be appreciated! Thanks so much:) Just wanted to add that....this hasn't caused our home any damage yet! Our main concern is that it will overload our leach bed and septic. My husband and oldest son did do a few things for a temp. fix. This past spring we couldn't allow our youngest child out in the back to play. Or, our 4 legged-family member. Also, with this cold weather...our back yard looked like an ice skating rink. It just makes me feel sick to my stomach because it's our first home...and, we worked really hard to get it. We purchased it with my husband's Veterans loan. And, we give the previous owners almost the full price they wanted. We are good people- and, we try to see the best in people...this won't change. This is frustrating, though :(

Answer: You were fortunate to discover that earlier seller disclosure. Your next avenue, however, will be litigation (unless the owners willingly cough up), To the next question? What sort of repairs are required ? Is the structure damaged ? An attorney can guide you relative to what sort of compensation you might expect from these former owners. Certainly structural issues may well be compensated. Filling in the low spots ? Probably not. Understand, as well, that you will end up with a judgment. Collection on such judgment is yet another problem. If the sellers are broke, you won't get anything for a long time. If they have relocated out of your state, that also complicates matters further. Good luck with your attempts.

Question: Why would any congressman vote against the disclose act? Late last week, Senate Republicans blocked the DISCLOSE act—a bill that would have stopped big business from secretly funneling money into elections through fly-by-night front groups. This bill was pretty modest. It wouldn't even have barred corporations from buying elections—it just would have told us when they did it, by requiring disclosure of corporate election spending.

Answer: I think you answered your own question. Republicans like secrets when it comes to money.

Question: When is a party required to voluntarily disclose information to the other contracting party? Transactions involving the sale of real estate is one situation in which the seller of property is under an affirmative duty to voluntairy disclose information to the buyer material facts. ARE THERE OTHER SITUATIONS WHEN SUCH A DUTY OF DISCLOSURE IS REQUIRED?

Answer: Full disclosure is required on or before final authorizations.

Question: How can a minor be represented in a Non-Disclosure Agreement? I am a minor, and have been asked to sign a Non-Disclosure Agreement by the company I plan on disclosing information to. They don't know I am a minor, and I would prefer to keep it that way for as long as possible. So how can a minor be represented in a Non-Disclosure Agreement? Should I have a parent sign it for me, and sign right next to their signature? I am the one who will be transmitting the confidential information so I think that my name and signature should be on the document somewhere. Thanks!

Answer: You can sign the document, but the NDA will not be binding against you if you are a minor. Minors lack capacity to enter into contracts. Knowing this, however, you can potentially be liable for fraud if you do not disclose your age. I would have your parent sign it on behalf of you. So it would be /s/ Parent Smith for Child Smith. This would still make the parent liable, and this company might not go for it. Alternatively, you can petition the court to remove your disability (that's how they call it in Texas, might be different in your jurisdiction), so that with a court order you can legally enter into the contract even though you are a minor. You'd want to look online for a form and file it with your local court (but you'd want to get more jurisdiction specific to see how you would file that.)

Question: Can a car dealership sell a car that has been wrecked as a "new" car? Do they have to disclose that info? I bought a new car. I complained about the paint on part of the car. Just found out that the car had been wrecked. When I traded my car, I had to sign a disclosure regarding any wrecks. Aren't the dealerships required to disclose that type of information, especially since they sold it as a NEW vehicle?

Answer: Obviously it's no longer new when it's been repaired, go after the dealer, talk to a lawyer.

Question: Do social networking sites encourage youths to disclose more personal information about themselves? Do social networking sites encourage youths to disclose more personal information about themselves than they would in reality? I am a student researching disclosures of sexual assault on social networking sites. To help my research I would really like to understand what are the impacts (positive & negative) of disclosing sexual assault or abuse on social network sites in particular for young people.

Answer: Any one is capable of telling personal information about themselves in ANY type of social network. But many of us no better than to do such a idiot thing lol

Question: Why do young people use social networking sites to disclose abuse/assault rather than speaking to someone? Why do young people feel able to use social networking sites to disclose abuse/ assault or seek advice rather than speaking to someone face to face? I am a student researching disclosures of sexual assault on social networking sites. To help my research I would really like to understand what are the impacts (positive & negative) of disclosing sexual assault or abuse on social network sites in particular for young people.

Answer: Because nobody will know who you are so its just easier...?