Convicted Sex Offender Residing in a Neighborhood
Written By:
Bill Gallagher, President
Superior School of Real Estate
www.ssore.com
Since Adam’s Law was recently signed by President Bush, the question has been asked if sexual offenders occupying, having occupied, or residing near a property in North Carolina is a material fact for real estate agents to discover and disclose to the buyers and sellers. In North Carolina, the answer according to NC General Statutes 39-50 and 42-14.2 is NO!
The statutes provide that when offering property for sale, rent, or lease “…it shall NOT be deemed a material fact…that a person convicted of any crime for which registration is required by Article 27A of Chapter 14 of the General Statutes occupies, occupied, or resides near the property; however, that no seller (or landlord or lessor) may knowingly make a false statement regarding such fact.” If an agent is asked, then the agent must tell what they know. Since the statute states this information is not a material fact, an agent involved in a real estate transaction is NOT REQUIRED to volunteer to a prospective buyer or tenant information that a registered sex offender occupies, has occupied, or resides near a property being offered for sale or rent. If asked about sex offenders in a neighborhood, an agent need only answer truthfully to the best of his or her knowledge. An agent may, of course, volunteer such information if he or she chooses to do so. An agent may also provide a prospective buyer with information on how to access the county sheriff’s registry or the statewide registry via the internet at http://sbi.jus.state.nc.us/sor. Another website the public can access is www.familywatchdog.com.
The North Carolina Real Estate Commission respects the clear intent of such laws and considers the matter in question to also not constitute a material fact under NC Real Estate License Law.
Each state can have different laws regarding sexual offenders. When buyers are relocating from other states, it’s important for them to realize North Carolina laws.
If you have questions, please contact Bill Gallagher at 1-877-944-4260.
