Who is exempt from providing an RPOADS and MOG?

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The correct answer pertains to the specific situation regarding a "For Sale by Owner" (FSBO) scenario. In many jurisdictions, sellers who choose to market their properties directly to buyers without the assistance of a real estate agent may not be subject to the same disclosure requirements, including the Real Property Owner's Association Disclosure Statement (RPOADS) and the Mold Disclosure (MOG).

This exemption exists because disclosures are primarily designed for transactions where a licensed agent is involved, as they help protect buyers by ensuring they are informed about the property's condition and any potential issues. When a seller opts for a FSBO sale, they are not necessarily bound by the same regulations, depending on local laws. As such, it is deemed permissible for these sellers to not provide the RPOADS and MOG, thus avoiding any legal ramifications associated with those disclosures.

Understanding the context of real estate transactions helps clarify why sellers not represented by agents can operate differently regarding disclosures. This can also influence how buyers approach such listings, often requiring them to either conduct their own research or ask the seller directly about the property's condition and relevant disclosures.

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