Brigida! If I am representing a seller, I ensure that the SDN is available upon request and in the even of an offer! If I am representing a buyer, I will ask for it and provide it to my buyer for review! I do not, however simply provide it willy nilly at open houses to potentially unrepresented folks! Let me know if you have any further questions or need any other assistance! codysellsproperty@gmail.com 346-412-6603
Spoke with TREC Legal Hotline as well as our brokerage legal and compliance she they all agree, YES, you can provide the sellers disclosure to ANYONE that requests it, regardless of representation. Thank you for this question because I always thought we couldn't give it to an unrepresented buyer but that is incorrect.
The Seller's Disclosure is provided to anyone who requests it. Buyer's agents often provide the Seller's Disclosures to their clients prior to making any showing appointments as part of the process for considering each property. It is prudent to provide the Seller's Disclosure to a prospective buyer as early in the process for considering a property as possible.
Good Question! I always include an seller's disclosure with all my listings because I want to be as transparent as I can throughout the entire process. You will need to provide the buyer with a seller's disclosure at some point in the process, so it's important to me to get all information before listing a property. I hope this helps.
Yes, absolutely! When you read the One to Four Paragraph 7, section B, (2) States "Buyer has not received the Notice. Within _________ days after the Effective Date of this contract, Seller shall deliver Notice to Buyer. If Buyer does not receive Notice, Buyer may terminate this contract anytime prior to closing and the earnest money will be refunded to the Buyer. If Seller delivers the Notice, Buyer may terminate this contract for any reason within 7 days of receiving notice or prior to closing, whichever first occurs, and the Earnest money will be refunded to the Buyer. So you see, If you don't deliver the notice prior to the seller excepting the offer you have just given the Buyer the unrestricted right to terminate the contract for Free.
source:
TREC 11-10-2020 One to Four Family Residential Contract (Resale)
Yes, it’s great for the seller to be transparent and for the the agent to attach the disclosure with the listing. Helps potential buyers make informed decisions Potential buyers could become a buyer.
You are not allowed to provide a sellers disclosure unless you have a buyers rep agreement. Without one you technically represent seller. It should always be up to the seller not you . Very surprised how many realtors don’t know this basic rule. That’s probably why you can’t make SD public. Only realtors can see it.
Yes, I feel it is best practice to have the Seller's Disclosure attached to all of my listings. Keep in mind this is not necessary. There may be a special circumstance that holds you back from sharing the Seller's Disclosure to only Buyers who submit a contract. It is up to you. But if possible yes, you can always share it to all agents even before they submit an offer.
Providing the sellers disclosure upfront gets you that much closer to getting an offer. Make it easy for them to make an offer. Not more difficult. Provide everything you can upfront.
I do not know why you wouldn't. Anyone that has interest in the property I would think it would be fine to give it to however if there is any question at all I* would ask my seller. I feel like you are asking because perhaps a nosy neighbor wants to see it or a relative of buyer. Once the home is under contract I'm not sure if you would have to give it out to the above. Always best to get legal advice in a strange instance..
Yes, I make it available as an attachment with my listings. Also, I've sent it to the Realtors upon request as it allows full disclosure and insight about the property prior to the inspection.
Yes. The Seller's Disclosure is required to be completed with all my listings and I attach to the listing so buyer's agents have access to furnish to their interested clients. The sooner the buyer sees it the better so they can make an informed decision when making an offer.
Yes, I make it available as an attachment to my listings ,during open houses, and I send it to the Realtor upon request if it’s not attached. This allows full disclosure and insight about the property prior to the inspection.