Disclosure 101 What Do You Need to Know
3 Hour’s Disclosure CE
Overview
“Disclosure 101: What Do You Need to Know” is a comprehensive 3-hour course designed for real estate professionals seeking to deepen their understanding of fair disclosure practices in real estate transactions. This course is essential for those looking to fulfill their Continuing Education requirements in Fair Disclosure. With the landscape of disclosure obligations undergoing significant changes over recent decades, this course aims to equip participants with the knowledge and tools necessary to navigate the complexities of modern real estate transactions effectively.
Course Objectives
Upon completion of this course, participants will:
- Gain a thorough understanding of the broker’s disclosure obligations to their clients.
- Learn the historical and legal precedents impacting disclosure requirements, including key cases like Easton v. Strassburger and Lombardo Court decisions.
- Explore the implications of the Americans with Disabilities Act, latent defects, and the intricacies of selling homes where drug activity has occurred.
- Understand the responsibilities of home buyers in the disclosure process.
- Navigate the complexities of dealing with properties that have multiple offers, are located near sex offenders, or have issues with mold, septic tanks, and more.
- Become familiar with ADRE rules and policies regarding providing information, including limited legal exemptions.
- Address unique challenges such as affidavits of disclosure, flipped houses, and properties previously used as drug labs.
Key Topics
- Broker’s Disclosure Obligations: Explore the full scope of a broker’s responsibility to their client, including ethical and legal requirements.
- Legal Framework and Case Studies: Detailed analysis of pivotal legal cases and hotline Q&A highlights to understand the evolving nature of disclosure laws.
- The Duty to Deal Fairly & Material Facts: Learn what constitutes a material fact and the importance of fairness in all transactions.
- Special Considerations: Delve into specific scenarios like the Americans with Disabilities Act compliance, latent defects, and the challenges of properties with a history of drug activity.
- Navigating Complex Situations: Strategies for handling multiple offers, proximity to sex offenders, and the implications of ADRE rules and policies.
- Health and Safety Concerns: Insights into how to address questions about mold, septic tanks, and the unique challenges posed by flipped houses and drug labs.
Who Should Enroll
This course is ideal for real estate brokers, agents, and other professionals involved in real estate transactions who wish to enhance their understanding of disclosure obligations and protect themselves and their clients effectively.
Conclusion
“Disclosure 101: What Do You Need to Know” offers a robust curriculum designed to provide real estate professionals with the knowledge and skills needed to navigate the complexities of disclosure in real estate transactions. Through a blend of legal case studies, practical examples, and in-depth discussions, participants will leave this course prepared to manage disclosure obligations confidently and professionally. Enroll today to take the first step towards mastering the art and science of fair disclosure in real estate.
Lessons
Orientation of Online CE Class-Disclosure 101 What Do You Need to Know
1 – Start Here – Broker’s Obligations to the Client – Disclosure 101 What Do You Need to Know
2 – Easton v. Strassburger – Disclosure 101 What Do You Need to Know
The obligation to disclose material facts in a real estate transaction has indeed come full circle in the last few decades. It was not too long ago, as late as…
3 – Outlines Duties of Buyers and Their Brokers – Disclosure 101 What Do You Need to Know
Lombardo Court Outlines Duties of Buyers and their Brokers, Declines to Address Whether a Commissioner’s Rule Violation Creates a Private Cause of Action Few courts have addressed the duties of…
4 – Legal Hotline Q & A for Agents – Disclosure 101 What Do You Need To Know
All information on this page is from the Arizona Association Of Realtors Legal Hotline Click here Agent Must Disclose Defects About Which They Know or Should Have Known FACTS: The…
5 – Section 1 Exam – Disclosure 101 What Do You Need To Know
6 – Obligations to the Non-Client – Disclosure 101 What Do You Need To Know
A broker has no fiduciary duties in the absence of a broker-client relationship. See, e.g., Norville v. Plant, 25 Ariz. App. 606, 545 P.2d 454 (App. 1976). Thus, the disclosure obligations owed to…
7 – A Home Buyer’s Responsibility – Disclosure 101 What Do You Need To Know
Much has been written about a seller’s duties to a buyer when selling a home. However, it is not a one-way street; buying a home brings with it certain responsibilities…
8 – Material Fact – Disclosure 101 What Do You Need To Know
By law, real estate agents cannot fill out any sellers’ home disclosures unless the agent is the seller or a party to the transaction. However, that doesn’t stop some naive…
9 – Legal Hotline Q & A for Buyers – Disclosure 101 What Do You Need To Know
All Information on this page is from the Arizona Association Of Realtors Legal Hotline Click here Disclosure 101 What Do You Need To Know FACTS: The buyer went through the…
10 – Section 2 Exam – Disclosure 101 What Do You Need To Know
11 – Latent Defect – Disclosure 101 What Do You Need to Know
What is a Latent Defect? A latent defect is anything that the homeowner knows is a defect in the house. They are things that wouldn’t show in a simple inspection,…
12 – Selling a Home Where Drug Activity Has Occurred – Disclosure 101 What Do You Need to Know
Selling a home where there’s been drug activity can be problematic for any real estate agent. There are potential safety issues for you, your team, and prospective buyers when you’re…
13 – Disclosure Obligations – Disclosure 101 What Do You Need to Know
Before selling residential property in Arizona, a seller is required by law (a combination of statutes and court cases) to tell the prospective buyer certain things about the property’s physical…
14 – Multiple Offers – Disclosure 101 What Do You Need to Know
The buyer making multiple offers; Often, when the real estate market heats up, buyers get frustrated trying to buy or rent a property. Any hesitation typically causes someone else to…
15 – Legal Hotline Q & A for Seller – Disclosure 101 What Do You Need To Know
All Information on this page is from the Arizona Association Of Realtors Legal Hotline Click here Seller MAY BE Liable for Lawn Damage Due to Pearl Scale Insect ISSUE: In…
16 – Section 3 Exam – Disclosure 101 What Do You Need to Know
17 – Sex Offenders – Disclosure 101 What Do You Need to Know
Do sex offenders have to be disclosed when selling a home? A very good question! As a seller or a seller’s agent, it is important that you understand the rules…
18 – ADRE Rule and Policy Regarding Providing Information – Disclosure 101 What Do You Need to Know
ADRE RULES AND POLICY STATEMENTS The Arizona Department of Real Estate (“ADRE”) has the authority to promulgate Administrative Rules, which are often referred to as “Commissioner’s Rules” and Substantive Policy…
19 – Limited Legal Exemptions – Disclosure 101 What Do You Need to Know
Limited Legal Exemptions & Exceptions There are numerous laws governing real estate transactions in Arizona. Many of these laws contain certain exemptions and exceptions. Brokers often get questions from out-of-state…
20 – Legal Hotline Q & A – Disclosure 101 What Do You Need to Know
All Information on this page is from the Arizona Association Of Realtors Legal Hotline Click here A Homicide in The Property Need Not Be Disclosed FACTS: The broker represents the…
21 – Section 4 Exam – Disclosure 101 What Do You Need to Know
22 – Questions About Mold – Disclosure 101 What Do You Need to Know
Why the sudden interest in mold? Mold in the home is not new. However, recently there have been many media reports dealing with the potential health effects of mold. There…
23 – Septic Tanks – Disclosure 101 What Do You Need to Know
Septic Tanks in Arizona This next section will address our obligations to disclose that a property has a septic tank. Septic tanks are more commonplace in Arizona than most people…
24 – Divorce/Estate Sale – Disclosure 101 What Do You Need to Know
Divorce: Being a listing agent on a property where the sellers are involved in a divorce can be challenging and frustrating. If the parties are fighting over every matter affecting their…
25 – Affidavit of Disclosure – Disclosure 101 What Do You Need to Know
The Affidavit of Disclosure was created by an act of the Arizona Legislature and passed into law in 2002 as a result of several highly publicized cases of buyers who…
26 – Legal Hotline Q & A – Disclosure 101 What Do You Need to Know
All Information on this page is from the Arizona Association of Realtors Legal Hotline Click here Significant Change in HOA Operations Should Be Disclosed FACTS: The seller receives an email…
27- Section 5 Exam – Disclosure 101 What Do You Need to Know
28 – Bankruptcy – Disclosure 101 What Do You Need to Know
In the next part of this section, we will deal with several matters affecting a seller and their decision to sell the property. The more common of those issues are:…
29 – Flipped House – Disclosure 101 What Do You Need to Know
Flipped House For Sale – Does Realtor Have a Duty to Disclose It Was Flipped? In usual circumstances, the realtor or agent attached to the sale of a property may…
30 – Drug Labs – Disclosure 101 What Do You Need to Know
Properties that were drug labs or clandestine drug labs create a different disclosure challenge. Certainly, the manufacture of illegal drugs is a felony, and a different statute, ARS 12-1000, addresses…
31 – EPA – Disclosure 101 What Do You Need to Know
There are two historical dates/timeframes to look at. First, around 1975, the Environmental Protection Agency (EPA) determined that lead in two consumer products, gasoline and paint, was potentially hazardous to…
32 – Legal Hotline Q & A – Disclosure 101 What Do You Need to Know
All Information on this page is from the Arizona Association Of Realtors Legal Hotline Click here Disclosure not required for possession of drugs in the home ISSUE: The seller was…