Megan's Law, The REALTOR'S® Duty

Legal

Megan's Law, The REALTOR'S® Duty
by Oliver  Frascona



(1) "The information collected under a State registration program may be disclosed for any purpose permitted under the laws of the State."

(2) "The designated State law enforcement agency and any local law enforcement agency authorized by the State agency shall release relevant information that is necessary to protect the public concerning a specific person required to register under this section..., except that the identity of a victim of an offense that requires registration under this section shall not be released."

While often misunderstood, "Megan's Law" is a registration and disclosure law that requires the public to seek the information.  It is not a law in and of itself that requires disclosure by the REALTOR®.  But we all know REALTORS® are constantly interviewing for the job of Defendant.

Megan's Law has a few serious drawbacks.  First, although registration initially takes place, there is no verification of the address upon registration, therefore the initial address could easily be, and in fact has been shown to be, inaccurate.  Secondly, there is no follow up system to verify the new location when the individual moves.

 Finally, most law enforcement people do not provide a "printed sheet" of the information as of a specific date for the consumer.  This means that there is no verifiable database at a given date and time to verify that the information provided by the REALTOR® to the public, was in fact, correct when provided.

Now, for the million dollar question.  If you had small children and were moving into a neighborhood, would you like to know that the information provided by Megan's law was available?  Thought so.  Especially if you were working with a real buyer's agent or, as many REALTORS® are today, a closet buyer's agent.

The liability exists over and above the law, because of the nature of the impact of the information on the public.  So what should the cautious professional do?

When you meet the buyer, indicate that the information is available.  Maybe even give the buyer a card or form that indicates that it is available, and you will help them, by taking them to the law enforcement agency to obtain the information, if it is of interest to them.  No need to sign anything, just make it a part of your package for "your" buyer.

Once they have selected the property, either take them to the law enforcement agency (do not call and get the information, there is no way to later verify what you say you received) or indicate that the buyer is aware of Megan's law.  Some samples follow: 

"Seller/Buyer acknowledges an explanation of Megan's Law."

"Seller understands that a prospective buyer may inquire with the local law enforcement as to the location of known sex offenders which may impact the Property."

"Buyer acknowledges that they have received an explanation of Megan's law and that they may inquire with the local law enforcement as to the location of known sex offenders which may impact the Property."

Yes, the seller needs to know in the listing contract that the property might be looked at in an adverse light as a result of an inquiry.  It is good business.  People respect those that are detail oriented.  That is what sets you apart from the people with just a license.

What can you do to help eliminate the problem?  Push your local law enforcement people to publish a list on each Friday, so that you can give it to prospective buyers and sellers. 

Develop an attractive form from your local association or state association that deals with this topic to demonstrate that the REALTOR® is the leader in the effort to solve the problem and inform the public.


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Oliver Frascona. All right reserved. For information contact Frog Pond at 800.704.FROG(3764) or email susie@frogpond.com.