After a Foreclosure

 Once a property has been foreclosed and is owned by the lender, there’s no longer an issue about disclosing the property’s distressed status. Foreclosures, after all, are matters of public record. However, getting reliable information about a foreclosed property’s physical condition becomes even more challenging.

 When a property’s owner is no longer in possession, it’s extremely difficult for a sales associate to get the facts about property condition, in part because the lender may have little, if any, information about the property’s condition.

 Lenders are usually required to disclose what they know about REO properties but are generally exempt from requirements to complete property condition disclosure forms required for sellers in many states. However, agents must still make all disclosures of known defects required by their state’s law. Associates should encourage buyers to have a thorough inspection of any property prior to purchase.

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