Any responsibility agents may have to share sex offender information, sources say, ends after they have disclosed only what they already happen to know.
My advice: if you're going to err, let it be on the side of caution.
While some states have statutes exempting agents from liability for failing to disclose nearby sex offenders, as of June, only two states, New Jersey and, delaware, had statutes that explicitly barred agents from sharing sex offender information with buyers, according to research last updated in June that was provided.Thats not to say that buyers agents are legally obligated to dig up sex offender information for buyers.If they have provided the notice about the Megan's Law website, they fulfilled their duty in that regard.Notice I said some facts that relate to the property or the neighborhood.Real Estate the Ethical Way. The mother in me says, Of course the fact that there is a sexual offender living next door is a material fact.The "safe harbor" aspect of providing this notice is contained in 2079.(b) It says that, upon delivery of the notice, "the lessor, seller, or broker is not required to provide information in addition to that contained in the notice regarding the proximity of registered sex.Heres a website you can go to, said Russ Cofano, an attorney who has served as the CEO of Missouri Realtors and senior vice president of industry relations at m operator Move.
But attorneys say that could only realistically happen if an agent doesnt cite the sex offender registry as the source of the information.
Some buyers agents tell buyers that fair housing laws prohibit them from sharing information about sex offenders.But they do have three online sex id tests options: Decline to answer, respond that registration of sex offenders is public record and the person inquiring can check for himself or herself.Agents who systematically disclose the locations of sex offenders in certain neighborhoods to buyers with children but not to buyers without children could test fair housing laws, just as they might by sharing other types of information based on whether buyers belong to a protected class, according.His email address is This email address is being protected from spambots.Should the agent disclose that information?It specifies that a contract to lease or rent residential property, or to purchase residential property (up to four units must contain the following notice: "Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public.California Association of realtors, cAR) provides them with a procedure that gives them "safe harbor" in the vast majority of situations where such disclosure might be an issue.Sex offender information from the registry may be false, but the falsity rests with the inaccuracy of the public record.
It has been noted that there is no uniformity among state laws dealing with real estate disclosures regarding the location and/or proximity of registered sex offenders.
Delaware prohibits licensees from disclosing any facts or suspicions that any party is a registered offender without the informed consent of the affected party, and advises licensees to direct people asking for this information to the Delaware State Police.