DIYbanter - View Single Post - Prospects of selling a house next door to a "reformed" spree killer?

richard

On Wed, 18 Jun 2008 05:14:05 +0000 (UTC), (Dick
Adams) wrote:

wrote:

Let's say someone like Kip Kinkel - schizophrenic kid who killed his
parents and shot up his school about 10 years ago - got a commutation
of his sentence as some people think he should since they feel he was
a "victim" who didn't get the help he needed and was treated unfairly,
and was in the market to buy a house. They're convinced that with meds
and supervision he would probably have no problems living as a free man.

Let's change this to Lee (a gender neutral name), a convicted
sex offender sentenced to probation only, wants to buy or rent.

1) Who has a obligation to investigate Lee's background
before becoming Lee's agent or selling or renting to
Lee?

A landlord was be negligent not to investigate renting
to Lee. Agents who have a concern for long-term
reputation in a community should investigate. But to
a seller, this is a single period relationship with no
subsequent repercussions.

Unless state law requires it, no real estate agent is required to do a
background check. In most states, it is illegal to deny an ex-con
housing based on this fact. Let alone a person on probation.

2) What distinguishs Kip from Lee?

Kip can change his name. Lee has to register whenever
he/she moves and the registration is public knowledge.
Lee is similar to Jean Valjean in Victor Hugo's "Les
Miserables" - a person who rejected by society for
past crimes.

In most cases, according to Megan's law, Lee only has to notify the
sheriff of the county he wants to live in.
There are other conditions that would then direct the sheriff to
notify the prospective neighbors.

It is not the job of the real estate agent to make these disclosures
unless required by state law.