Law of Unintended Consequences
There is a new California push for stricter sex offender laws, like Jessica’s Law, and I certainly support that.
But releasing sex offenders at all has unintended consequences to the public, and yet there are certain low-level, non-violent sex offenders who deserve to be eventually released back into the community.
The impact of sex offenders living in a community has unintended consequences.
Imagine living in an apartment or a condo next to a violent, recidivist sex offender.
Now, imagine trying to sell a house or condo next to a Megan’s Law sex offender!
Not all sex offenders are created equal. Some are violent, some are not. Some are "merely" flashers while others pose a physical threat to people around them.
Take this generic situation: You own a condo in a nice neighborhood. You decide to sell the condo, and weeks after the condo goes on the market a local resident tells you, "did you know the guy renting the condo next to yours is on the Megan’s Law website as a registered sex offender?"
No, you didn't know it but you do now and your condo is not going to be easily sold because once you know it, you MUST disclose it.
The other name we jokingly use in the real estate industry for Buyers is "Plaintiff."
Most lawsuits in the industry are for "Failure to Disclose" and a wise Seller will dutifully disclose EVERYTHING they know (or even suspect) in today’s litigious society.
How far away from your condo or home must other condo owners (homeowners) disclose this?
No one knows.
In GENERAL, the standard sales contract notes that it is up to the Buyer to visit the Megan’s Law website to "check out the neighborhood," and that is considered legally sufficient.
Fine, but there is also the concept of a "material fact."
A sex offender living next door certainly qualifies as a "material fact."
What about three doors down?
In the next block?
Two streets over?
Beats me!
Believe me no one knows the answer! At some point the location of a nearby sex offender passes from "go look it up yourself in the database" to being"a "material fact."
It’s not that a Seller cannot sell a condo (or home) with a sex offender living next door, it is just going to be more difficult, and it may well have to sell at a substantially lower sales price.
(Alternately, it has been known for a Seller to go to the sex offender and offer him many thousands of dollars to move! A particularly onerous sex offender could make a substantial living just being paid to move!)
It is against California law to refuse to rent to a sex offender who is on the Megan’s Law database, so the owner of the condo or home next door did not have an option to refuse the renter.
Why should a Seller lose money because the "lottery of life" has a nearby neighbor who must rent to a sex offender? Yes, there are other "lotteries" that make it difficult to sell a home or condo, like a barking dog next door, or even an obnoxious neighbor, (both of which must be disclosed) but NOTHING trumps a registered sex offender next door!
It is the kiss of death!
There are 66,000 registered sex offenders in the State of California. That means that there must be tens of thousands of homes/condos next door to a registered sex offender, or two doors over, and at least some of those homes, owned by innocent people, could easily come up for sale during the tenancy of the sex offender.
The "Law of Unintended Consequences" is distinctly at work in this area. It is another reason the "Disclose, Disclose, Disclose" because nothing can trip you up faster!
But releasing sex offenders at all has unintended consequences to the public, and yet there are certain low-level, non-violent sex offenders who deserve to be eventually released back into the community.
The impact of sex offenders living in a community has unintended consequences.
Imagine living in an apartment or a condo next to a violent, recidivist sex offender.
Now, imagine trying to sell a house or condo next to a Megan’s Law sex offender!
Not all sex offenders are created equal. Some are violent, some are not. Some are "merely" flashers while others pose a physical threat to people around them.
Take this generic situation: You own a condo in a nice neighborhood. You decide to sell the condo, and weeks after the condo goes on the market a local resident tells you, "did you know the guy renting the condo next to yours is on the Megan’s Law website as a registered sex offender?"
No, you didn't know it but you do now and your condo is not going to be easily sold because once you know it, you MUST disclose it.
The other name we jokingly use in the real estate industry for Buyers is "Plaintiff."
Most lawsuits in the industry are for "Failure to Disclose" and a wise Seller will dutifully disclose EVERYTHING they know (or even suspect) in today’s litigious society.
How far away from your condo or home must other condo owners (homeowners) disclose this?
No one knows.
In GENERAL, the standard sales contract notes that it is up to the Buyer to visit the Megan’s Law website to "check out the neighborhood," and that is considered legally sufficient.
Fine, but there is also the concept of a "material fact."
A sex offender living next door certainly qualifies as a "material fact."
What about three doors down?
In the next block?
Two streets over?
Beats me!
Believe me no one knows the answer! At some point the location of a nearby sex offender passes from "go look it up yourself in the database" to being"a "material fact."
It’s not that a Seller cannot sell a condo (or home) with a sex offender living next door, it is just going to be more difficult, and it may well have to sell at a substantially lower sales price.
(Alternately, it has been known for a Seller to go to the sex offender and offer him many thousands of dollars to move! A particularly onerous sex offender could make a substantial living just being paid to move!)
It is against California law to refuse to rent to a sex offender who is on the Megan’s Law database, so the owner of the condo or home next door did not have an option to refuse the renter.
Why should a Seller lose money because the "lottery of life" has a nearby neighbor who must rent to a sex offender? Yes, there are other "lotteries" that make it difficult to sell a home or condo, like a barking dog next door, or even an obnoxious neighbor, (both of which must be disclosed) but NOTHING trumps a registered sex offender next door!
It is the kiss of death!
There are 66,000 registered sex offenders in the State of California. That means that there must be tens of thousands of homes/condos next door to a registered sex offender, or two doors over, and at least some of those homes, owned by innocent people, could easily come up for sale during the tenancy of the sex offender.
The "Law of Unintended Consequences" is distinctly at work in this area. It is another reason the "Disclose, Disclose, Disclose" because nothing can trip you up faster!
0 Comments:
Post a Comment
<< Home