What is an agent's disclosure responsibility, if any, when a known sex offender lives near a listed property?

Yes and no

Explanation:

Buyer, sellers, and real estate agents have a duty to disclose “material facts” regarding the property and transaction to all the parties involved.   So what about sex offenders living nearby? Is that a material fact that the parties have a duty to disclose and must disclose?   However,  the law does not consider it a material fact so neither the seller nor the real estate agent has a duty to disclose the fact that a sexual predator lives nearby.

If the seller or agent is asked if they have any knowledge of sex offenders being close by, they do not have the duty to disclose the proximity of a sexual offender. Parties may not knowingly make a false statement.  Making a false statement is never the right option. But they do have three options:  

Decline to answer  

Respond that registration of sex offenders is public record and the person inquiring can check for himself or herself

Answer truthfully  

Therefore, for buyers, remember agents and sellers are not required to volunteer to a prospective buyer (or a tenant in a rental situation) information that a registered sex offender resides near a property.  So what should a potential buyer do?  Ask the agent or seller if they have any knowledge of your concern.  They may decline to answer or they may not know about the proximity.

*There are many sites that let you see if there are any near by you*

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