And a few others You may think they should know, and tell you, but they may not.

You might not know this but there are some things your realtor cannot legally tell you about. You may not have noticed it, you may have asked and they’ve skirted the response and you’ve been annoyed, heck you may have even fired someone about this before. I’m here to tell you why.

Are the schools good?

This is a hot button issue. We understand, you want your kids to go to a well rated school, so do your own “homework!” After all, what one realtor considers “GOOD” may not be up to your standard. See the problem here????? Or if your realtor has no kids, babies, or kids that graduated 10 years ago. Their view of good, may just not be aligned with your expectation. Thus, time to do some research on your own so you can decide for yourself whether the schools are good or not. You can look up ratings at Great Schools. I also came across a few more websites which I’ll note below, however, I have no idea how they get their information whether it be parents, teachers, tests scores, but it’s just that, more information. Once you’ve narrowed down the schools your interested in, tell your agent. This will help narrow the search parameters.

is the neighborhood safe?

what’s the crime like around here?

Your realtor cant legally tell you about crime statistics in a neighborhood. The main reason is because what they consider “safe” may not be what you consider “safe.” This could result in future litigation or liabilities should the expectation not be the same. Trust me, we want to be helpful, but this is a place of great debate and could also bring into question profiling the Oregon/Federal protected classes and the Fair Housing Act:

Race.
Color.
National origin.
Religion.
Disability.
Sex (includes pregnancy)
Sexual orientation.
Gender identity.
Economic Status
Again, a good realtor will show you where to find this information to come to a determination on your own. I promote this as a good place to start: Portland Maps You can check any address, and if you own or rent in town and are comparing other areas, it may be a good idea to check your own address. Most people assume their current residence is in a “safe” neighborhood.

If I need legal advice, what should I do?

Your realtor is just that, your realtor, NOT an attorney. They cannot give legal or tax advice. Your realtor can advise you to refer back to the contract or seek legal advice in the event of a disagreement over contractual obligations. And unfortunately, the “agency” relationship of a realtor and client ends at closing. A good realtor will be a real estate advisor for you as long as you both want to honor the relationship, but in the event that one party to a real estate transaction doesn’t perform as agreed, legal counsel would need to contacted to advise on the best coarse of action.

So how can you prevent the possibilty of legal counsel needing to be sought?

If you’re a buyer, conduct a walk through of the property prior to signing/closing and confirm condition or repairs if negotiated were done by licensed, bonded or insured contractors.

If you’re a seller, I’d do the best to make sure leading up to the closing date that you’re on schedule to close. Your realtor will know about loan documents 3 days prior to signing. Sadly, if closing is delayed, it most likely will result only result in an extension of all parties closing. Monetary changes this late will only create additional delays. Unfortunately, earnest money is not disbursed without written instructions agreed upon by all parties from the Title company.

BONUS

Did someone die here? HONESTLY, probably……if the home is more than 50 years old, at some point, someone probably died there. If that REALLY bothers you, you need to buy a new construction home!

Is the house haunted? Ok, what I think you’re saying is that maybe something might “just feel off.” If this is your intuition or those little hairs on your back are standing up…..this house may just not be the right one for you…time to keep looking.

#1 QUESTION realtors secretly roll their eyes at………………………………..Why are they selling???? We don’t always know and honestly, we don’t REALLY care about personal issues, just getting clients under contract is our most important concern. Realtors goal here is to put buyers and sellers on the same page. If there’s a material defect with the house, we’ll probably see it or find it in the inspection.

Want help in your next purchase? Let me know. Drop me a line and let’s talk.

What your realtor can’t tell you, legally.