New Agency FAQs

What if a buyer refuses to sign the CIS?

What if notice is provided to a different member of an agent and/or broker’s “Team?”

During the home inspection defects were discovered on the property, when is notice to the seller’s agent of those defects sufficient?

What happens if my client finds a “for sale by owner” on his own while I am his agent?

As a seller’s agent what am I required to disclose to potential buyers?

As a seller’s agent do I have to disclose that there is a sex offender in the neighborhood?

Q. What if a buyer refuses to sign the CIS?
 
A. A broker and/or agent can self-certify that he/she is in fact the buyer’s agent if the buyer acknowledges that he/she wants that agent or broker to represent him/her even though that buyer refuses to sign the CIS. The agent or broker should make a notation of this acknowledgment on the CIS form and give a copy to the buyer.

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Q. What if notice is provided to a different member of an agent and/or broker’s “Team?”
 
A. We believe that it would be considered valid notice as members of a “Team” share the profits and the same phone/fax numbers.

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 Q. During the home inspection defects were discovered on the property, when is notice to the seller’s agent of those defects sufficient?

A.Under the new agency law notice must be sent to the seller’s agent.  A fax to a general office number is not sufficient. If an agent works on a team then a notice to the team’s phone/fax is sufficient. 

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Q. What happens if my client finds a “for sale by owner” on his own while I am his agent?

A.Your client may purchase the home without giving a commission to the agent. However if the client and agent sign an additional agreement entitling the agent to a commission regardless of who finds the home, the agent will be entitled to a commission. 

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Q.As a seller’s agent what am I required to disclose to potential buyers?

A.You are always required to disclose any past incident of arson.  You are not required to disclose any information regarding the personal motivation of the seller for listing the property. As for other crimes you are not required to disclose murder, suicide or felony unless asked in writing. You are never permitted to disclose any information regarding diseases such as AIDS. 

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Q.As a seller’s agent do I have to disclose that there is a sex offender in the neighborhood?

A.No, you are not required to disclose information regarding sex offenders.  Direct any inquiry regarding sex offenders to the Delaware State Police website at www.state.de.us/dsp/sexoff/index.htm

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