I was the listing agent on a short sale that closed recently. The seller finally delivered disclosures to me after repeated requests. The buyer did not sign and return the disclosures so they are not in the file. What is my liability on this. The buyers will not return phone calls or emails.
Real Estate Attorney
The question is how the broker in charge missed the agent not getting the sellers disclosures signed off by buyer timely? As well as the agent.
The disclosures are usually in the preliminary stages and way before close of escrow.
Depends who complains and has a claim and proves damages. Or when a DRE audit of the firm reveals non compliance which would become a licensing violation issue.
In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor entered into and unless there is a signed retainer agreement in place, neither me nor anyone in our office has intended to solicit clients nor reprints them. The answers are general in nature and without weighing specifics of particular query. No answer should be relied on in whole or in part, directly or otherwise to act or not to act in pursue of any of your potential claims in law or equity. You should consult with and obtain advise or representation of an attorney to protect your rights regarding your case or matter.
In the event a party refuses to sign a disclosure, the refusal should be documented in writing. This can be accomplished by making an appropriate notation on the form itself or adding a memo to file. The buyer has three days to cancel from receipt of the disclosure - so, noting the date of delivery to the buyer is important.
I am not a CA attorney, laws vary from state to state, therefore you should always consult a local attorney.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
A R/E agent is not a party to the contract. Seller has a duty to disclose and if Buyer is unhappy with the TDS (or lack thereof), then Buyer should not close. R/E agent should document attempts to contact Buyer and send the documents via certified post and email if there is no response.
I am a California Attorney and former California Real Estate Broker. Retain an attorney before relying on any of the information contained herein.