Should an agent disclose a Short Sale situation? In a recent court ruling it was determined that "When a real estate agent is aware that the amount of existing monetary liens and encumbrances exceeds the sales price of a residential property so as to require either the cooperation of the lender in a short sale or the ability of the seller to put a substantial amount of cash into the escrow in order to obtain the release of the monetary liens and encumbrances affecting title, the agent has a duty to disclose this state of affairs to the buyer, so that the buyer can inquire further and evaluate whether to risk entering into a transaction with a substantial risk of failure." Currently, about 70% of all Short Sale contracts result in NO SALE.
The key word of course is ‘aware’, and most agents hear no evil, see no evil and speak no evil. Make sure you do your homework, and make sure you are represented by an Exclusive Buyer Agent who will look out for your best interests.
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