Duty to Disclose

Duration – 2 hours
2 Hours Continuing Education Credit

COURSE DESCRIPTION:

  • Duty to disclose is the leading cause of lawsuits against the real estate agents in Florida.  We review the duty to disclose doctrine in (1) the residential purchase and sales contract; (2) the listing agreement; (3) Seller’s property disclosure-residential, Form SPDR-3, as well as (4) the Florida case law (lawsuits).
  • Finally, the program provides strategies on how the real estate agents can communicate with the buyer/seller to facilitate disclosure of defects and protect from liability. 
  • Throughout the program we tackle frequently asked questions.

Here’s what prior attendees had to say about this program!

Great class!!! Should be mandatory.
C.J. Company Name
Informative and very detailed presentation. Many valuable take-ways.
B.S. Company Name
Great class- very informative.
S.B.Company Name
I was able to understand Buyer & Seller & Realtor responsibilities to a much greater degree.
C.B.Company Name
Thank you, great information and it has created more vigilance and awareness.
S.M.Company Name
Thank you for making this topic clearer.
Al***Company Name
Thank you for sharing your professional knowledge with us.
S.V.Company Name
Thank you for all your informative knowledge and we do appreciate it!
Jos***Company Name
Thank you, Kamlesh.
G.K.Company Name
This training was very valuable and informative.
J***Company Name
Thank you so much. Valuable class. Awesome.
E. B.Company Name
Thank you very much. Very informative!
Vi*****Company Name

The answer to the question we get asked frequently: does the seller’s duty to disclose extend to the agent/broker? Duty to disclose is lurking behind Structural, Environmental, Termites, Plumbing, HOA, Roof, and Zoning aspects of nearly every home.  Learn how to troubleshoot them and protect yourself from liability.

LEARNING OBJECTIVES:

Upon completing this course, the participants should be able to:

  1. Understand that duty to disclose is embedded in:
    • FAR-BAR residential purchase and sale contract, Section 10j, Seller disclosure
    • Listing Agreement, Section 11, Transaction Broker
    • Seller’s Property Disclosure-Residential, Form SPDR-3
  2. Explore the duty to disclose doctrine by discussing the facts and law in the following cases:
    • Johnson v. Davis (Florida Supreme Court creates duty to disclose)
    • Revitz v. Terrel (zoning violation, latent v. patent defect)
    • Nelson v. Wiggs (house in flood prone area)
    • Jensen v. Bailey (unpermitted work)
    • Snyder v. Wernecke (defective foundation)
  3. Liability of real estate agents: learn what claims can be brought against them.
    • Breach of duty of care: negligence
    • Duty to disclose: fraudulent misrepresentation/fraudulent nondisclosure
    • Negligent misrepresentation
    • Breach of Contract
    • Rescission
    • Unjust enrichment
    • Damages
  4. Learn how seller’s duty to disclose can extend to seller’s realtor.
    • How can seller protect herself?
  5. Learn whether AS IS clause overrides duty to disclose
  6. Commercial real estate
    • Does duty to disclose apply to purchase and sale of commercial property?
    • Role of caveat emptor or buyer beware
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