Foundation Crack, 'No Children,' and a Ramp Request

The duty to disclose known adverse material facts belongs to the licensee and cannot be delegated away.

• The 2021 flood, waterproofing, and active stain are material. The seller's 'no' is inaccurate and must be corrected in the written disclosure. Advise the seller, in writing, to amend the disclosure and to state the 2021 work and any warranty or transferable guarantee.
• If the seller refuses, the licensee must still disclose what the licensee knows. A licensee is not a shield for a seller's misstatement; 'the seller told me not to' is not a defense to a licensing complaint or a civil claim.
• Never characterize a stain as 'painted over' - that is an affirmative misrepresentation, worse than silence.
• Document everything: what was known, what was recommended, what the seller said, what the buyer was told, and when. Recommend the buyer obtain an inspection and a waterproofing contractor's evaluation.

Also confirm the disclosure form was actually delivered to the buyer in the manner the transaction requires, and keep proof of delivery in the file.

Listing copy: 'ideal for young professionals' signals a preference based on familial status (and can shade into age/race coding), while 'no children please' is an explicit familial status violation. Both must be deleted. Replace with objective property facts: square footage, bedroom count, lot size, updates, school district if stated factually. Occupancy limits must rest on a reasonable standard (e.g., health/safety code or septic capacity), never on 'no kids.'

The Section 8 question: source of income is not a protected class under the federal Fair Housing Act, but the question is a well-known proxy for race and national origin, and over 100 state/local jurisdictions plus many voluntary housing provider programs restrict income-source discrimination.

How to respond without steering:

• Do not answer with opinions about 'the kind of people' on the block, and do not characterize the neighborhood by race, family status, or income.
• Offer verifiable, objective information (crime statistics sources, published rental registries if available) or say plainly that you do not provide demographic characterizations.
• Do not alter the level of service or showing access based on the question - and never discourage a buyer based on the composition of the neighborhood.

Treat it as a reasonable modification request and a contract negotiation - not as a favor or a refusal.

• Fair housing law prohibits discrimination in the sale of a dwelling, including refusing to permit, at the buyer's expense, a reasonable modification needed because of a disability. The seller does not have to build the ramp for free, but the request cannot be the reason to reject or delay the buyer.
• Who pays: default is the buyer, unless the parties negotiate otherwise. Since the buyer asked the seller to build it, the agent should convert it to a written term: scope, materials, permit compliance with local code, licensed contractor, inspection sign-off, cost cap, and a completion date before closing.
• Structure the contract: a repair/improvement addendum with the agreed price or credit, or a post-closing license/access agreement if work continues after closing. Include an indemnity and a provision on whether the ramp stays or is removed.
• Keep it neutral: the agent must not present the request as an inconvenience or hint that a family with a wheelchair user would be happier elsewhere.

Document the request and the response in writing; a verbal 'sure, we'll figure something out' is how these become complaints.