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DavidG45 (Delaware)
Posts: 994
Posted:
When a piece of property sells, it's easy to know who the listing agent was. However, I'm having trouble identifying the buyer's agent in a recent transaction. Is there a public record of this information somewhere?
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'm curious what sort of benefit the association would get from knowing this.
CathyA3 (Ohio)
Posts: 6,299
Posted:
FWIW, I've never heard of any way to get at this information. I expect other realtors could find out, but that doesn't mean the info will be, or should be, available to the public.

Generally HOAs aren't involved in real estate transactions other than to provide some info. In certain communities and in co-ops that's not the case, but otherwise sales are considered private transactions between the buyer and seller, and the HOA has no say about any of it.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Cathy said.

You could also try - asking the buyer?????

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DouglasK1 (Florida)
Posts: 2,046
Posted:
As a guess, maybe David is trying to find a way to get info about the association (CCRs, rules, etc.) to the buyer before they close or move in.

Escaped former treasurer and director of a self managed association.
SheliaH (Indiana)
Posts: 6,964
Posted:
In that case, perhaps David's association should consider posting something on the community website like a "what realtors should know about our community" that could provide an overview of the community and advise the realtor to talk to their clients on what to ask the seller before they buy, noting it's the SELLER's responsibility to make that information available.

In another conversation, I also suggested creating some sort of checklist for people selling their homes so they'd know what information they should provide the buyer (in some states disclosing information on assessments, rules, etc., is the seller's responsibility). If the realtors contact the property manager, I think it's fair to charge printing and postage costs for that information - who pays it is between the realtor, buyer, and seller.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GeorgeR8 (Arizona)
Posts: 182
Posted:
Our documents state that the agent and buyer must meet with me before closing. They receive the documents, sign a receipt for them and sign a paper that they are aware we are 55+, owner occupied and no renters. We had one that said it wasn't a renter it was their mom. Mom is now on the deed, and they paid our legal fees.

DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By GeorgeR8 on 08/25/2022 6:56 AM
Our documents state that the agent and buyer must meet with me before closing. They receive the documents, sign a receipt for them and sign a paper that they are aware we are 55+, owner occupied and no renters. We had one that said it wasn't a renter it was their mom. Mom is now on the deed, and they paid our legal fees.



That is interesting information - thanks. I assume you are the Board President?

BillH10 (Texas)
Posts: 1,217
Posted:
We occasionally do not receive new owner contact information with the closing documents, especially if the new owner is a corporation, partnership, or LLC. If we have the buyer's agent contact information we call him or her or we contact the title company for the information we need.
TimB4 (Tennessee)
Posts: 21,059
Posted:
When I was treasurer, the closing company would always contact me for a written update of the dues (how much, paid through, etc.).

When I told them, I also requested a copy of the closing disclosure (replaced the HUD-1).
I specified that this was so we had the correct name and mailing address of the new owner which helped if they were not residing on the property. Every closing company provided the info.

On this document, you have the name of the listing agency and the buyers agency and the initial mortgage company.

That said, I'm not sure why you would need the contact info of the buyers agent.
Can you elaborate why you believe you need that info?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TimB4 on 08/25/2022 1:03 PM

That said, I'm not sure why you would need the contact info of the buyers agent.
Can you elaborate why you believe you need that info?

I just saw were you explained why.

TimB4 (Tennessee)
Posts: 21,059
Posted:
If the association is required to give disclosure paperwork (copies of governing docs, etc.) for the sale, I would include a cover letter specifying that requirement of the governing docs and how to arrange a meeting.
BillH10 (Texas)
Posts: 1,217
Posted:
Thanks Tim, we initiated that practice a few months ago.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The hard truth no matter how much you don't like it is that CC&R's/Articles of Incorporation are PUBLIC documents. Some states do require seller to bring the documents to the table. Otherwise it is looked at as the "buyer right to be informed" to get PUBLIC document. It is NOT the HOA, the Realtors, Title company, lawyers, or Bank responsibility. The HOA MAY provide the By-laws or ACC documents as those are HOA documents once you become a member. Otherwise as long as those documents lay filed in a PUBLIC resource, it's your responsibility as a buyer to be informed.

This is WHY these documents are PUBLIC. It is because there is no one in the chain of selling property that wants this responsibility. How many people would stay in their jobs (Realtors, title lawyers, mortgage...) knowing they could be sued for NOT knowing the property selling has an HOA? It's NOT PUBLIC knowledge necessarily when it comes to knowing if the property has restrictions. You can hope you get good Realtor to help guide you to find out. However, Realtors are not created equal or efficient.

So hunting down the Realtor who sold the property? It does nothing to put the blame on. They can just blame their client for not bringing the documents to the table if it was required. They will tell you to go find them. In the end, it will still be your responsibility to get those documents by court house or a neighbor willing to make a copy. The HOA may but can charge for copies.

Former HOA President
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 08/25/2022 3:32 PM
This is WHY these documents are PUBLIC. It is because there is no one in the chain of selling property that wants this responsibility. How many people would stay in their jobs (Realtors, title lawyers, mortgage...) knowing they could be sued for NOT knowing the property selling has an HOA? It's NOT PUBLIC knowledge necessarily when it comes to knowing if the property has restrictions.

You're one of the most misinformed people I know giving "free" advice.

Actually, knowing whether a property has restrictions is PUBLIC knowledge, as it is recorded just like the CCRs or Article. I have software that will find another own that owns property in the United States and whether or not they live in an HOA and the name of the HOA.

You say no one wants responsibility for providing HOA documents, that is simply not true. I make over $10K a month providing HOA documents to escrow or title companies.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Max are you legally responsible to do it? What if you don't do it? Do you get sued? Where is it in the HOA documentation ANYWHERE that the HOA is responsible for providing? Where is it written ANYONE beside Seller in SOME states are?

I am NOT responsible for providing ANYONE PUBLIC documents!!! If you are going to buy a property you best go down to the courthouse or online with the STATE to find out if that property is in a HOA/Restricted. There are plenty of Real Estate advertisements that do NOT mention being in a HOA.

Plus what about Foreclosed or Tax/short sale properties where there are no Realtors or other typical parties involved? You go to a courthouse, bid on the property, and it is yours. Where in that process do you get the CC&R's or Articles?

Someone has yet to point out other than those states that require SELLER to bring the documents, where ANYWHERE is it written that anyone is responsible except for the buyer to get a copy??? I am still waiting...

Former HOA President
MaxB4
Posts: 3,513
Posted:
Melissa,

You are one of the reasons I won't live in an HOA ever again. If I were on a Board, if I wanted to make sure that a new buyer got off with a good start I am going to provide him with as much information to make that happen, not give them the attitude you show here.

As far as providing documentation to sellers/buyers during the escrow process, it is in my contract. There will be times when things will fall through the crack, but they are few and very far between.

In the old days, a manager dreaded when a escrow request came across their desk, having to spend two hours or more gathering documents, printing and then getting them mailed. Now it takes 5 minutes and all done electronically. Easiest $750.00 per transaction I will ever make.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MaxB4 on 08/25/2022 5:07 PM
Melissa,

You are one of the reasons I won't live in an HOA ever again. If I were on a Board, if I wanted to make sure that a new buyer got off with a good start I am going to provide him with as much information to make that happen, not give them the attitude you show here.

As far as providing documentation to sellers/buyers during the escrow process, it is in my contract. There will be times when things will fall through the crack, but they are few and very far between.

In the old days, a manager dreaded when a escrow request came across their desk, having to spend two hours or more gathering documents, printing and then getting them mailed. Now it takes 5 minutes and all done electronically. Easiest $750.00 per transaction I will ever make.

I'm genuinely curious, how do you justify charging $750 for 5 minutes of work? Why in the world would anyone pay this?
MaxB4
Posts: 3,513
Posted:
One, it is the going rate from where I work, two, because it might take three hours for someone not using technology that takes me five minutes. Now, I do have to put in some time in December to prepare for the new, but I think it is worth it.

The moral of the story is you're going to make $750.00 per escrow transaction, your decision on how long you want to take.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Not once did I say it made sense or that did not think should be provided. The facts are what I want or think does not apply. There are no laws that says not providing them makes anyone responsible except in those states that have laws about Seller.

Me, myself, and I would gladly hand over a copy be it as a neighbor or as someone on the board. However, there is no law that says if I did not I would get sued or it forgives ignorance of the rules

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By DavidG45 on 08/25/2022 5:13 AM
When a piece of property sells, it's easy to know who the listing agent was. However, I'm having trouble identifying the buyer's agent in a recent transaction. Is there a public record of this information somewhere?

Have you tried googling the property address and view the listing with the MLS number? Usually you will see the listing agent on the ad on many of the real estate listing websites.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By TimB4 on 08/25/2022 1:08 PM
If the association is required to give disclosure paperwork (copies of governing docs, etc.) for the sale, I would include a cover letter specifying that requirement of the governing docs and how to arrange a meeting.


Thanks. Hopefully we can convince our board to adopt a similar procedure. I have since found the buyer's agent, through an old listing on a real estate site. The reason I want to find it is that there is an allegation that this agent misrepresented our governing documents. I want to get their side of it.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By DavidG45 on 08/26/2022 7:42 AM
Posted By TimB4 on 08/25/2022 1:08 PM
If the association is required to give disclosure paperwork (copies of governing docs, etc.) for the sale, I would include a cover letter specifying that requirement of the governing docs and how to arrange a meeting.


Thanks. Hopefully we can convince our board to adopt a similar procedure. I have since found the buyer's agent, through an old listing on a real estate site. The reason I want to find it is that there is an allegation that this agent misrepresented our governing documents. I want to get their side of it.

Personally I would not do this since it is an issue between the homeowner and the agent.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By DavidG45 on 08/26/2022 7:42 AM
I have since found the buyer's agent, through an old listing on a real estate site. The reason I want to find it is that there is an allegation that this agent misrepresented our governing documents. I want to get their side of it.
I do not think you would have a cause of action (meaning lawsuit with any merit) against this agent. Which to me means the Board should stay out of it.

New owner, addressing Board:
"But but... my agent told me (such-and-such) was in the covenants.

Board:
Please take this up with your agent. Your relationship with your agent is not the HOA's business. The HOA is legally obligated to enforce the covenants.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnT38 on 08/26/2022 7:48 AM
Posted By DavidG45 on 08/26/2022 7:42 AM
Posted By TimB4 on 08/25/2022 1:08 PM
If the association is required to give disclosure paperwork (copies of governing docs, etc.) for the sale, I would include a cover letter specifying that requirement of the governing docs and how to arrange a meeting.


Thanks. Hopefully we can convince our board to adopt a similar procedure. I have since found the buyer's agent, through an old listing on a real estate site. The reason I want to find it is that there is an allegation that this agent misrepresented our governing documents. I want to get their side of it.


Personally I would not do this since it is an issue between the homeowner and the agent.

I agree. Not an HOA issue.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree with Augustine. This is not a valid excuse. The Realtor is not even a member of the HOA. Does not have any responsibility to read or provide them. The buyer is at fault for not reading and following them.

Is anyone going to go by what some outsider said about documents they never read? Stay out of it and happy the rules of the HOA.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By DavidG45 on 08/26/2022 7:42 AM
Posted By TimB4 on 08/25/2022 1:08 PM
If the association is required to give disclosure paperwork (copies of governing docs, etc.) for the sale, I would include a cover letter specifying that requirement of the governing docs and how to arrange a meeting.


Thanks. Hopefully we can convince our board to adopt a similar procedure. I have since found the buyer's agent, through an old listing on a real estate site. The reason I want to find it is that there is an allegation that this agent misrepresented our governing documents. I want to get their side of it.

That is a discussion that is unlikely to go well or yield productive results.

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