FACTS: During a listing appointment, the prospective seller states that they recently had a home inspection that indicated water leakage in the basement walls and crawl space. They have ordered no further inspections to determine the extent of the issue or identify repair options. The broker tours the property and sees no moisture or standing water at that time. The broker lists the property but does not mention the water leak to any prospective buyers. The seller selects “No Representation” on the Residential Property and Owners’ Association Disclosure Statement (RPOADS).
ISSUE: Did the broker fulfill their duties under License Law and Commission Rules?
ANALYSIS: No. Under N.C.G.S. § 93A-6(a)(1) and Commission Rule 58A .0114, a broker must make reasonable efforts to discover and disclose material facts to parties to the transaction, regardless of who they represent.
A material fact is any fact that could affect a reasonable person’s decision to buy, sell, or lease real property. A broker has an affirmative duty to take reasonable steps to discover and disclose material facts to all parties in a transaction. Failure to disclose material facts continues to be the most common complaint from consumers.
This mandatory disclosure of material facts includes disclosure of:
Although the broker/agent did not personally observe any moisture or standing water, they were informed of it by the seller and therefore had an obligation to disclose what they knew about the water leakage in the basement walls and crawl space. The seller’s completion of the RPOADS does not relieve the broker of their obligation.
As a result of the broker’s failure to adhere to N.C.G.S. § 93A-6(a)(1) and Commission Rule 58A .0114, the broker may be subject to disciplinary action by the Commission.
RESOURCES: N.C.G.S. § 93A-6(a)(1), N.C.G.S. § 93A-6(a)(10), and N.C.G.S. § 93A-6(a)(15) License Law and Commission Rule: 58A .0114Articles: “What is a Material Fact” and “How to Discover Material Facts”