Question and Answer Regarding Agent Visual Inspection Disclosure

Question: The seller does not agree with some of the observations made by the selling agent and does not want to sign the AVID. What is the proper way to handle a situation where a principal to the transaction does not agree with comments made on an agent’s AVID?

Answer: Explain to the seller that the law requires agents to independently inspect the property and write down their observations. The seller may agree or disagree, but the seller cannot legally control the comments. The seller is free to write a rebuttal as a supplemental disclosure, if he/she feels a response is necessary. If the seller refuses to sign the AVID, then the agent should document that the AVID was transmitted to the seller and the seller declines to sign it. Then let the other agent know.

Shannon B. Jones, Partner

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