I read that a new law will make it an offence for a real estate agent to tell a potential buyer information received in good faith from the seller but which turns out to be untrue. I know real estate agents should always tell the truth and that they shouldn’t withhold information, but this latest move seems a bit tough on agents. What do you think?
I totally agree with you. I think this is taking too much responsibility away from the buyer and placing too much of a burden on real estate agents. For example, say a real estate agent asks the sellers, purely as a matter of course, if the roof leaks. The sellers say “no”, and later, in response to a general question about the roof, this is passed onto the buyers. Subsequently, after the buyers have purchased, it turns out there are some leaks. Should the agent be sued or face disciplinary action? Should agents take plumbers up into the roof to do a check simply as a matter of routine? Of course not – it’s the lying client who should be taken to task.
It would be different if nasty water stains on the ceiling had prompted the agent’s enquiry – then I would expect the agent to investigate further. But where there’s no suspicion of an issue, I think the agent has done all he or she can. Agents should make it clear to buyers they don’t know everything about the property and that buyers should bring in their own building experts to check the tricky places. I’m not saying agents can lie or withhold information. If the seller said they had a leaky roof, that information had to be passed onto the buyer. But to be hung out to dry for passing on information received in good faith and which cannot easily be checked… for once, I’m on the agents’ side.
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