Can my real estate agent disclose the fact that she found cocaine in the house that I shared with my ex-husband while she was there to show the house?

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Can my real estate agent disclose the fact that she found cocaine in the house that I shared with my ex-husband while she was there to show the house?

I put my real estate agent in a sticky position. She represented me in the sale of my house that I shared with my ex husband. I moved out 3 years ago, he lived there the entire time. She told me that she found cocaine in the house on 2 separate occassions when she was there to show the house. I also found a coke vile in his closet as we were packing up the house once it sold. I have asked her for a declaration in my custody battle with my ex and she is hesitant as he was her client too. She doesn’t want to lose her license and she’s not sure she can disclose without ramifications.

Asked on May 11, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is nothing improper for your real estate agent to sign a declaration with respect to the inventory of items she discovered at the home that you once shared with your former husband (vial of a controlled substance) assuming she actually found such an item.

If she does not want to disclose this fact, she is not obligated to do so as well. I suggest that you honor your agent's wishes if she does not want to get involved in your child custody battle.


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