Dear Associates,
As discussed in our sales meeting this week, a recent California Court has ruled that a listing broker has a duty to disclose both dangerous and "concealed dangerous conditions" on a property to other Associates and their clients (invitees to the property). As written in an industry legal brief:
"Based on the aforementioned scenario, the Court of Appeal held that the Owner who has actual or constructive knowledge of a dangerous condition, or who could reasonably discover the unreasonable risk which the condition poses to invitees, is liable for injuries to the invitee for failing to warn of the condition or make the condition safe. Regarding the Listing Agent, the Court of Appeal held that a real estate agent has a duty to notify visitors to the real property of concealed dangerous conditions of which the real estate agent has actual or constructive knowledge."
Based on the above, we are therefore required to make such disclosure(s) and shall at a minimum put it in your "Marketing Remarks" section in the MLS.
Please be vigilant, attentive and thorough.
Thank you!
Patrick
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