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Carver Communications - Index

Carver Communications - June152009 - Index

June 15, 2009 REAL ESTATE NEWSLINE 7
In May, the Joint Land Use
Study’s (JLUS) Executive Committee
moved forward recommendation language
and is now seeking to implement
those recommendations. One such recommendation
deals with Sellers filling
out another mandatory disclosure form.
This proposed mandatory base/military
disclosure form would impact residential
property owners and could potentially
put some additional burden of
responsibility on the REALTOR®. If
you have information or concerns you
believe pertinent to this issue, please
email me at robyn@sabor.com. The
JLUS/SABOR letter to follow:
By advisement of the San
Antonio Board of REALTORS®’
(SABOR) Board of Directors, this letter
is being drafted for further clarification
of our position and to participate in the
process that will result from this study’s
findings.
While the San Antonio Board of
REALTORS® fully supports disclosure
By Robyn Locke,
Director of Political and Community Affairs
JLUS Impact
of facts or conditions that impact a
buyer’s decision to purchase a particular
property, we believe that there are
two types of disclosure forms currently
being utilized by the real estate community
for buyers and sellers involved in a
real estate transaction that could be
used to increase awareness of certain
military influence area as it pertains to
lighting, safety and noise.
-- Seller’s Disclosure of
Property Condition – approved by the
Texas Real Estate Commission (TREC).
As defined in Section 5.008 of the
Texas Property Code, this is a mandatory
disclosure form (exemptions defined
in the Property Code) that is completed
by a seller of up to a four unit dwelling.
Section 6 of the TREC promulgated
form asks the seller to disclose awareness
of any condition of the property
which materially affects the physical
health or safety of an individual. This
would be disclosure in its broadest
sense.
-- General Information and
Notice to a Buyer - made available to
buyers in a real estate transaction for
voluntary use – by the Texas
Association of REALTORS® (TAR) -
Form 1506. This form identifies more
than thirty (30) points, issues or concerns
that are called to the attention of a
buyer for which they can do more
research or obtain more information
about.
When considering a property
closing without professional representation
or a “For Sale by Owner – FSBO”,
how do Sellers find out about any newly
implemented mandatory forms?
Currently, mandatory forms in their category
(about 12% of all transactions)
are available on the Texas Real Estate
Commission’s (TREC) website, but
many times Sellers without representation
close on their transaction first and
fill out mandatory forms at the closing
table. Would a mandatory military base
disclosure form completed in this manner
satisfy the military’s objective?
Further, could you clarify how
another disclosure form will achieve the
military’s objective? What may prove
more successful is a website that could
be promoted and utilized to advise
potential homeowners of any/all base
issues. Those interested parties could
review as much or as little as they prefer.
Thus, potential stigmatization could
be minimized while information would
be disseminated. Here is one point
worth noting. When following up with
SABOR members, I have been unable to
find anyone who felt that they had represented
homeowners who had been
harmed or felt ill-advised by living in
close proximity to a military base.
Although the San Antonio Board
of REALTORS® (SABOR) does not
believe that another mandatory form is
the answer regarding this issue, SABOR
strongly believes that consumers should
be fully informed on material facts
about purchasing a property that best
fits their needs and supports the concept
that consumers have an identifiable
resource (military or governmental
website or information source) that
increases their awareness of nearby military
installations that impact influences
such as safety, noise levels and lighting.
An example of this type of disclosure
could be modeled after the “Sex
Offender” website referenced below.*
SABOR would like to continue to
be a part of the evolving implementation
process regarding the Joint Land
Use Study’s findings. Please let me
know how we can continue to contribute.
This letter was sent to Co-
Chairmen Diane Cibrian and Kevin
Wolff and “cc” to the rest of the
Executive Committee. We have received
some comments back, both in support of
this letter and other responses that state
that the homeowner complaint levels
have been significant and a website
would not be a strong enough measure
to ensure follow through.