Realtor obligation to disclose Sex Offense

Thanks

Message edited 11/30/2011 10:14:47 AM.

Re: Realtor obligation to disclose Sex Offense

when the realtor did a background check, didn't it come up? the realtor should have turned over all of that to the homeowner

Re: Realtor obligation to disclose Sex Offense

Message edited 11/30/2011 10:14:54 AM.

Re: Realtor obligation to disclose Sex Offense

what did the application say? what did the agmt with the realtor say?

it should say whether a criminal background check would be made.. usually a reference/credit/standard background is standard.

Re: Realtor obligation to disclose Sex Offense

this is for a rental, right? ive rented tons of places and never had to do a background check, just a credit check. they've never even asked for references.

i dont know about legalities, but if they havent done one, im not sure if you have any recourse at this point. GL

Message edited 11/29/2011 2:15:09 PM.

Re: Realtor obligation to disclose Sex Offense

Hmmm. I would think that unless it voiolates the sex offender rules (i.e. there is a playground or schools within a certain distance) they wouldn't have to disclose it. I could be wrong, I don't actually know the law.

Re: Realtor obligation to disclose Sex Offense

I am a realtor and an attorney licensed in NY.

A realtor's legal obligation (tough moral issues aside) to disclose that someone is a sex offender is actually a kind of murky area, and I think it arguably depends on who the realtor represents in any given transaction.

However, I think the OP's question really seems to be aimed at a realtor's obligation to investigate a potential tenant's sex offender status versus a disclosure obligation. It sounds to me like the realtor didn't know that the tenant was a sex offender because she didn't check. So my answer is given with the caveat that I am assuming the realtor in the OP's question (i) represented the landlord, and (ii) didn't know that the tenant was a sex offender.

The realtor has no legal or professional obligation to run a criminal background check on potential tenants when brokering a rental deal. It is customary for a realtor to financially qualify any rental applicants by running their credit and verifying their income. Beyond that, most realtors have a standard rental application that the tenant fills out with their personal info, job history, references -- and my application asks if the applicant has ever been convicted of a crime. When I work with a landlord, I make very clear that I only do the financial qualification steps stated above. If they want to follow up more on the info provided on the application or to request more info, they are free to do so.

As long as the realtor didn't lie in some way (e.g., didn't say she was doing a criminal background check and then fail to do so, or didn't do the background check and lie about the results), then I don't think she breached any duty to the landlord.

That said, I know this must be a very upsetting situation, and I'm sorry you are dealing with it!

Re: Realtor obligation to disclose Sex Offense

is this an illegal apt? is there a signed lease?

Re: Realtor obligation to disclose Sex Offense

Message edited 11/30/2011 10:15:04 AM.

Re: Realtor obligation to disclose Sex Offense

If he checked off "no" to a criminal background on his lease, that is also grounds to terminate his lease.