ISSUE:

The FSBO seller did not disclose to the buyer that the FSBO seller was a licensed attorney. One week before the close of escrow the buyer finds out that the FSBO is a licensed attorney. The buyer wants to cancel the contract because of the failure to disclose the attorney licensing. Was the FSBO seller required to disclose attorney licensing?

ANSWER:

No. A.A.C. R4-28-1101(E) requires a real estate licensee to disclose the real estate licensing status at or before the time of the contract. This Commissioner’s Rule does not apply to licensed attorneys.