Can a licensed real estate agent in California be liable for not getting buyers signature on seller disclosures.

Asked about 1 year ago - Irvine, CA

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.

Attorney answers (3)

  1. Pardis Patrick Ashouri

    Contributor Level 17

    Answered . 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... more
    Christine C McCall
    Christine C McCall, Administrative Law Lawyer - Pasadena, CA
    Posted about 1 year ago.

    Just a note to share the news: the former DRE is now the BRE -- Bureau of RE -- under the auspices of CA Dept of Consumer Affairs. Significant organizational changes may be near.

    Pardis Patrick Ashouri
    Pardis Patrick Ashouri, Real Estate Attorney - Tarzana, CA
    Posted about 1 year ago.

    thanks.

  2. Michael T Millar

    Pro

    Contributor Level 19

    Answered . 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... more
  3. Thomas Bozarjian

    Contributor Level 5

    Answered . 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.

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