Posted by randy on September 11, 2001 at 04:02:04:
dave,
i admire your non-bias analysis of the buyer!
Sexual Offender - Posted by Bart (FL)
Posted by Bart (FL) on September 10, 2001 at 21:04:26:
A realtor submitted an offer on a property I have for sale. We have been going back and forth for about a week and the contract was signed by both parties today.
A couple of hours later the realtor called and said that she had to disclose that the buyer was a sexual offender.
It turns out that he has a record for “Lewd Lascivious on a Child under 16.”
It was a shocker. My first thought was why are you telling me now, if it needed to be disclosed, the time to disclose this was before the contract was signed.
Now I am in the position of having a contract with a known sexual offender. Is there liability to me if God forbid he hurts someone in the neighborhood after he buys the property?
Can I void the contract because of the late disclosure?
My gut feeling is I don’t want to sell to him.
Any input would be appreciated.
Thanks
Bart (FL)
Don’t believe it’s a protected class - Posted by dewCO
Posted by dewCO on September 11, 2001 at 12:34:07:
under Federal laws, don’t know about your state, but I can’t imagine they are, but definitely check with your attorney, and find out why the agent said she HAD to give you notice and why it wasn’t timely.
I guess it’s a perosnal decision, but if you do go ahead with it, and he REALLY IS on a sex offender list, then one could very quietly inform nearby residents afterwards. Nothing to say you can’t sell to someone who I assume has “done there time”.
Re: Sexual Offender - Posted by Dave
Posted by Dave on September 11, 2001 at 08:00:56:
What web-site can I go to to find Sexual Offenders?
Re: Sexual Offender - Posted by Dave
Posted by Dave on September 11, 2001 at 01:21:47:
You don’t know the facts of the case. It sounds like you are making a moral judgement instead of a business decision.
Consult your lawyer, but I suspect that you have no grounds to withdraw your acceptance. You may just have to wait for the buyer to default on some provision of the contract before you can nullify the agreement. I further suspect that you have no ongoing liability (beyond any required disclosures concerning the property) if you sell to this buyer. Your neighbors won’t have any grounds to sue you because you didn’t discriminate against this buyer.
I had never heard that a seller was required to disclose a criminal past and the buyer’s agent may have made an improper disclosure to the detriment of his client’s interest. I am not a lawyer, and please don’t take my word as gospel.
Now, think about the buyer. What if the incident happened when he was 17 and the girl was 15? What if they engaged in consensual sex, but because of the girl’s age he was charged with statutory rape, carnal knowledge of a minor, indecent exposure, or anything else that would brand him for life as a sex offender – two consenting teenagers, overcome by raging hormones. It could happen this way, but the young man is branded for life for something that most of us recognize as an everyday occurrence among our sexually precocious youth.
Re: Sexual Offender - Posted by scott
Posted by scott on September 10, 2001 at 21:45:58:
i had something close to that happen to me…but this guy had raped a THREE year old…i found out through the internet about him,i felt about like you do. he was late with his down payment so i told him that the deal was off due to his not being prompt. i guess you could find a similiar scenario…oh by the way this guy was super nice until i told him that then he cussed me every which way threatened me and i think tore the phone off the wall by the sound of it…he probably beat his old lady that night due to me calling it off. the bad thing is he has to live somewhere. but let your conscience be your guide. i would not void due to disclosure whatsoever…if you void make it due to something else that occured or that you “helped” occur.if it came up i would say you don’t even remember the disclosure. (cya)
scott
Re: Sexual Offender - Posted by Jim FL
Posted by Jim FL on September 10, 2001 at 21:42:08:
Bart,
Well, thats something I’ve certainly never dealt with.
Wow!
Makes one think.
If I were faced with this, I’d call my attorney FAST to see what my options were, then decide.
Although my gut tells me you must sell to him, or you are descriminating against him.
Again, I’m not sure, so talk to your attorney.
Good luck, and let us know what you find out.
Interesting topic.
Especially since I’m also in Florida.
Jim FL
Florida List - Posted by Bart (FL)
Posted by Bart (FL) on September 11, 2001 at 10:19:32:
www.fdle.state.fl.us/sexual_predators
You can search many different ways. It will be an eye opener to see how many are on the list.
Bart (FL)
Re: Sexual Offender - Posted by JT - IN
Posted by JT - IN on September 11, 2001 at 08:35:33:
Dave:
Try the Sheriff’s offc, in the County the property is located. In my area, they maintain a website, with a listing of these creatures on it.
I am very familiar with contingencies in Purchase Contracts, from buyers, giving them a few days to detrmine if sexual offenders live within 6 blocks of the property, but never the reverse of the situation, which is effectively what you are facing. Your deal makes no sense, as to why they are disclosing to you, other than the agent may be nmixed up as to their liability on the issue.
Check with the Sheriff in your County. He will be able to help.
JT - IN
Re: Sexual Offender - Posted by JohnBoy
Posted by JohnBoy on September 11, 2001 at 08:08:56:
Try the State Police web site. They list them all there in our State, with photos.