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Brian Rugg, Sun City TX Real Estate -  Georgetown, TX Real Est (Rugg Realty LLC Sun City Texas 512-818-6700)

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Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Brian,

I agree with Gabe Sanders. Confidentiality when it comes to serious issues is not in effect in our opinion.   

Jun 15, 2015 01:37 AM
Rainmaker
699,277
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

You were terminated yet you'll still be bringing buyers around?  Ok.  I would not SAY anything but strongly suggest to my buyer that they get a complete inspection including xxxxx which just doesn't look right to your untrained eyes.

Jun 14, 2015 11:47 PM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

If this is something that materially effects the value of the property, than you would need to disclose it whether you have the listing or not.

Jun 14, 2015 11:41 PM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

I would have to know the whole story.

There is a BIG difference in the duty of confidentiality to a client and the law of disclosing all material facts about a property.

The duty of confidentiality does not trump the duty to disclose problems.

Eve

Jun 14, 2015 11:39 PM
Rainmaker
1,513,143
Raymond E. Camp
Ontario, NY

The same as when you had the listing.

Jun 14, 2015 11:38 PM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

I don't know how to measure 'entirely truthful.'

And that's the trouble with disclosures, the seller must PROVE what they did not know, which is IMPOSSIBLE.

You are responsible for presenting the facts, not partial facts, or alledged facts or facts that you wish were true.

Your yes must be yes, and your no must be no. The slippery slope of relative truth suggested by 'not entirely true' is a trap that likes to cath us all.

What can you tell futher buyers? Only the facts.

Jun 14, 2015 11:33 PM
Rainmaker
911,228
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

The same as when the agreement was active. Let future buyers discover defects through inspections and public records.

Jun 14, 2015 11:15 PM
Rainmaker
7,835,329
Roy Kelley
Retired - Gaithersburg, MD

Confidential information is always confidential information. You can tell buyers about information from other sources.

Jun 14, 2015 11:06 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Gabe nailed this one!

May 04, 2018 06:04 AM
Rainer
5,514
Dex Hubbard
Murphy, NC

In North Carolina, the listing belongs to the firm and not the agent. If the listing is still listed in the office, you still must protect the seller's confidence. However, you are required by nc real estate law to disclose all inspections to the buyer once you become aware of them. Also, with new laws that took effect, if the buyer purchases the house and finds out after the purchase that the seller did not disclose a problem that they had knowledge of, the buyer can come after the former owner and even the agent.

Jun 16, 2015 12:43 AM
Rainmaker
1,683,912
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

There is no expiration date on confidentiality, unless you want to ruin your reputation.

Jun 15, 2015 01:12 PM
Rainmaker
1,466,207
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Brian Rugg If you are aware of an adverse material fact, it should be disclosed.

Jun 15, 2015 05:01 AM
Rainmaker
474,392
Bill Dandridge
MKB, Realtors - Roanoke, VA
GREEN, ABR, GRI, EcoBroker

Depending on the state, maybe to the grave.

Jun 15, 2015 03:08 AM
Rainmaker
657,208
Martin E. Kalisker, Esq.
Natick, MA
Real Estate Law From A Practical Perspective

Hi Brian  (or should I say "Sage Advisor!") - 

I believe that the duty of confidentiality extends past the termination of the listing agreement, however if the dishonest disclosure was in violation of law, you might have been compelled to have said something as a listing agent.  Now that you are the buyer's agent with knowledge of the seller's alleged dishonesty, my suggestion would be to let the buyers know that without violating your duty of confidentiality to a past client, you might be aware of conflicting information and would urge them to research matter X in greater detail.  This way, you've covered your tracks and not directly said that the seller was a liar, but also covered your new fiduciary duty to your buyer client.  Also hoping that TX is a "buyer beware" state like MA is!  Stay well!

Jun 15, 2015 01:42 AM
Rainmaker
1,725,996
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Brian: The answer to your question is how attorneys make their money.

Jun 15, 2015 01:42 AM