9.2 Negligence

To not conduct a reasonably competent and diligent visual inspection of the property being offered for sale would be negligence. A licensee can be held liable for not exercising ordinary care and skill in the conduct of their real estate practice.

Therefore, it is Company policy that every agent:

1. Must NEVER intentionally misrepresent or omit (not disclose) any material fact.

2. Must ALWAYS conduct a reasonably competent and diligent visual inspection of any property being offered for sale.

3. Must be careful what they write on any visual inspection report with regards to what they see - DO NOT MAKE YOURSELF THE EXPERT, BUT ONLY WRITE THE FACTS.

State laws require that a consumer information booklet is delivered to each buyer, a seller or broker to provide information concerning environmental hazards. This pamphlet provides adequate information concerning the most common environmental hazards that may affect residential or commercial property.

However, these pamphlet disclosures do not add or take away from the duty of the licensee to conduct the required visual inspections and to disclose to the buyer the results of that inspection. This section is an attempt to limit the licensee’s obligation to a reasonably conducted visual inspection and subsequent disclosure. It is recommended that the environmental hazards pamphlet also be given to inform the buyer about common hazards. Presumably, once the licensee has taken these actions, the burden is on the buyer to act upon the information provided by the licensee.