Brokerage disclosure to 2025

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Brokers are required to disclose odors, smoke, noises, and other nuisances from industrial, commercial, or military sources that may affect the property occupants. The broker may also require the disclosure of nearby farm operations, landfills, shooting ranges, airports, and other similar nuisances.
Real estate licensees must disclose any material facts or defects that could impact the value or desirability of the property. This includes structural issues, as well as issues such as leaks and water damage or any other defect that may affect the buyers decision to purchase the property.
Rationale: A real estate licensee has a duty to disclose to all parties, including their principal and the firms client all material facts. A material fact about the property is any issue that would affect a sellers willingness to sell and a buyers willingness to buy.
The landlords agent must disclose to potential tenants all adverse material facts actually known by the landlords agent about the property. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the landlord.
It is a resource to provide to a consumer when asked about the different brokerage relationships. It also provides assurance that the relationships have been explained to the consumer.
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A broker who becomes a fiduciary of his client must act with utmost good faith, reasonable care, and loyalty concerning the customers account, and owes a duty to keep informed regarding changes in the market which affect his customers interests, to act responsibly to protect those interests, to keep the customer
Most states require the seller and real estate licensee to: Disclose any material defects, problems, or issues with the property that may influence either the price of the property or a buyers decision to purchase.

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