Important Change To The 2017 Community Association Disclosure – Listing Agents Beware

Back in May 2016, I posted an article regarding disputes arising between the buyer and seller in connection with the Community Association Disclosure (“CAD”). The issue that frequently caused problems was that while the seller was filling out the CAD to the best of his or her knowledge, the seller either (1) failed to include all of the relevant fees, charges, etc. on the CAD or (2) was unaware of some of the same (i.e., transfer fee). If the seller failed to include a fee or charge on the CAD, arguably it was not clear whether the buyer or seller was responsible for paying those fees at closing. My advice to the selling agents was to attempt to contact the HOA to confirm the accuracy of the information included in the CAD during the due diligence period.

Over the past several months, I have had a number of closings delayed because the seller or one of the sellers was deceased. You have many issues to address during your initial listing appointment, but this is a significant matter that shouldn’t be overlooked. Below are suggestions to eliminate or minimize a delay to your closing.

Prior to the first meeting with a prospective seller, research who actually owns the property. You can accomplish this by obtaining a copy of the deed through the Georgia Clerks Authority’s website (www.gsccca.org). There is a cost associated with this website, but many of the brokerages already have an account. As long as the individual(s) on the most current deed are at the listing appointment and sign the listing agreement you are good to go (assuming they remain alive through the day of closing). Do not rely on the property record card. These cards are only updated once a year and are not necessarily accurate as it relates to ownership.

You Should Consider An Early Walk-Through Inspection

Over the past several months I have been getting calls the day of or the night before closing regarding repairs that had not yet been completed or items that had been removed from the property that were supposed to remain. Whether you are the selling or listing agent, this is the last thing that want to be dealing with at this time. This post will provide a few suggestions on how to hopefully minimize the chance of this happening on one of your closings.

Confirm the Accuracy of the Community Association Disclosure

With increasing frequency I have received calls from agents regarding the seller’s failure to disclose certain fees on the Community Association Disclosure (“CAD”). These calls are coming just a few days before closings as the settlement statements are distributed to the parties. Those conversations are going something like this:

The selling agent says:
“The seller stated there was no transfer or capital contribution fee.”

The listing agent says:
“The seller had no clue there was a transfer or capital contribution fee.”

How many times has your client asked what will my closing costs be? And how many times have you had to call or email the law firm who is conducting the closing to obtain this information?

Well never again! I am please to introduce my new desktop and mobile app (and yes it will change your life forever).

The app will allow you to generate instant closing cost figures, seller net sheets, title quotes and pre-HUDs. You can then email these figures directly to your client from the app by keying in his or her email address.

Oh yeah – it’s that easy!

The app (1) comes with a built-in mortgage calculator which includes closing costs for when your buyer needs to know how much he or she will have to pay for a home he or she wants to purchase and (2) features a seller’s net sheet tool for all your clients who have a listing and want to know how much they’re going to net after all is said and done.

So How Do You Register?

All you have to do, is click on this link -> BSS Closing App. Then just click on the orange button to “Create Free Account”, key in your details and you’re good to go.

Please Note: The figures generated by this app are specific to real estate closings at Brannen, Searcy & Smith, LLP.

As always, if you need help with anything at all, please do not hesitate to contact me anytime at (912) 484-1996 (even nights and weekends) or email me at jgerber@brannenlaw.com.

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