Colorado broker Tanya is representing a seller. During the listing appointment, the seller mentions that a neighbor was registered as a sex offender several years ago. A prospective buyer later asks Tanya whether there are any registered sex offenders in the neighborhood. What is Tanya's correct response under Colorado law?
Correct Answer
A) Tanya should direct the buyer to the Colorado Bureau of Investigation sex offender registry to research the matter independently
Under Colorado's sex offender registration law (C.R.S. § 16-22-101 et seq.), Colorado does not impose an affirmative duty on real estate licensees to disclose the proximity of registered sex offenders. However, when a buyer asks, the licensee must direct the buyer to the Colorado Bureau of Investigation (CBI) sex offender registry to research the matter independently. Tanya should not confirm or deny specific information, but she must not misrepresent the situation and must point the buyer to the appropriate public resource.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.
In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.
An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.
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