‘Do I Want To Disclose?’ Extra Actual Property Queries ChatGPT Cannot Reply

As ChatGPT and different AI chatbots have exploded on the scene, Realtors at the moment are having to confront an avalanche of “skilled recommendation” riddled with half-truths and misinformation. Greater than ever, Realtors have to be ready to be the trusted advisor who helps their purchasers keep away from following chatbot-generated misinformation that may result in litigation. 

Half 1 of this sequence checked out 5 widespread questions that consumers ask their brokers, the wrong solutions offered by ChatGPT, and the proper responses a reliable Realtor ought to make as an alternative. Under are 5 widespread vendor questions that ChatGPT additionally answered incorrectly. 

1. Has there been a latest appraisal on the property? 

Maybe probably the most troubling factor that ChatGPT and different chatbots do is to hedge their wager by saying, “As a language mannequin, I can not present authorized recommendation,” after which instantly present data that always constitutes authorized recommendation. The paragraph under illustrates this level. 

As a language mannequin, I can not present authorized recommendation. Nonetheless, basically, the disclosure necessities concerning an appraisal rely upon the legal guidelines and laws of the state or nation the place the property is situated. 

To date, so good, however then it advises: 

Due to this fact, the itemizing agent ought to seek the advice of with a licensed actual property legal professional within the related jurisdiction for particular steerage on disclosure obligations.

Brokers are skilled on disclosure obligations and if they’ve questions, they should examine with their supervisor, not rent their very own actual property legal professional. 

The subsequent statements have extra errors as properly: 

In some jurisdictions, sellers are required to reveal any materials information which will have an effect on a purchaser’s resolution to buy the property. An appraisal could be thought of a fabric reality if it supplies data that might have an effect on a purchaser’s resolution to buy the property or the worth they’re prepared to pay. In such instances, the vendor could also be required to reveal the appraisal to potential consumers.

If there’s any uncertainty about whether or not the appraisal must be disclosed, the itemizing agent ought to err on the aspect of warning and disclose it. Moreover, if the appraisal continues to be related and reflective of the property’s worth, it might be useful to share it with potential consumers to assist help the asking value.

Appropriate response: 

• Whether or not one thing qualifies as a “materials reality” is a authorized challenge — brokers ought to by no means try to make this dedication. 
• Appraisers usually use appraisal types from Fannie Mae, Freddie Mac, FHA or VA. These types solely embrace three properties. Sadly, appraisers usually choose comparable gross sales which can be completely inappropriate. Moreover, their information is predicated upon closed gross sales which can be a minimum of 60 days to 120 days previous. As a Realtor, you could have entry to the newest gross sales data. In at the moment’s risky market, each purchasers and lenders want the newest gross sales information out there to precisely estimate a property’s worth.  
• The first cause for not counting on ChatGPT for recommendation about value determinations is that it’s a Massive Language Mannequin (LLM), not an appraisal AI or algorithm. The varied AVMs from CoreLogic, HomeSnap, Realtor.com, Redfin and Zillow are based mostly upon subtle pricing AI algorithms that draw from all kinds of knowledge on which LLMs haven’t been skilled. 

2. Do I must disclose any points with the property to potential consumers?

GPT accurately suggested:  

Itemizing brokers have a authorized and moral obligation to make sure that all materials information concerning the property are disclosed to potential consumers. Materials information are any points which will have an effect on the worth or desirability of the property. Due to this fact, the reply to the query “Do I must disclose points with the property to potential sellers?” is sure. The itemizing agent ought to advise their vendor to reveal any recognized points with the property to potential consumers.

It will be significant for the itemizing agent to clarify to their vendor that failing to reveal materials information might lead to authorized and monetary penalties, together with potential lawsuits or the sale falling by way of. The vendor may be held accountable for any points that come up after the sale if they didn’t disclose them beforehand.

The place GPT went horribly fallacious was by stating: 

If the vendor is uncertain about what must be disclosed, the agent can present steerage on what’s required by regulation and what’s thought of finest observe of their native market. It will be significant for the agent to doc all disclosures made by the vendor in writing to guard each events.

Appropriate response:

Giving recommendation about what’s required by regulation constitutes authorized recommendation. Moreover, most states solely require the agent to do a visible inspection of the property and report what they observe. Neither the client nor the vendor’s agent is required to doc whether or not the vendor has accurately made all disclosures. 

3. What’s the sq. footage of the property?

ChatGPT appears to be giving nice recommendation, however it’s nearly completely fallacious. 

As an inventory agent, it’s necessary to collect correct details about a property, together with its sq. footage. When the vendor tells you what the sq. footage of their house is, you should use that as a place to begin, however you must also confirm that data to make sure its accuracy. There are just a few methods to confirm the sq. footage of a property, akin to:

• • Measure the property your self: You possibly can measure the property your self or rent knowledgeable to do it for you.
  • Verify public information: You possibly can examine public information, akin to property tax information or constructing permits, to see if the sq. footage matches the vendor’s declare.
  • Use on-line sources: There are a number of on-line sources that may present sq. footage data for a property, akin to Zillow, Redfin or Realtor.com.

It’s necessary to notice that the accuracy of the sq. footage data can have an effect on the worth of the property, so it’s important to make sure that it’s appropriate. When you’re unable to confirm the sq. footage, it’s finest to reveal that to potential consumers and allow them to make their very own assessments.

Appropriate response:

You don’t have any enterprise measuring the property your self, counting on the vendor’s claims concerning the lot measurement, or counting on Realtor.com, Redfin or Zillow who pull sq. footage from the MLS. 

Even if in case you have sq. footage numbers from the title firm, the county tax assessor or another supply, these numbers might differ and should each be fallacious. All the time advise your vendor to keep away from quoting sq. footage or the place the boundary strains are on the property. 

When the client asks about these points, the one appropriate response is: 

If you wish to know the precise lot measurement, the sq. footage of the enhancements, or the place the boundary strains are situated, please rent your individual inspector and/or surveyor to make these determinations. 

4. What are the charges and commissions for promoting my house?

ChatGPT accurately suggested brokers to supply a transparent and clear clarification of the brokerage’s insurance policies and charges. They need to even be trustworthy about any prices of promoting a house together with how commissions are calculated and distributed. 

Itemizing brokers ought to present clear and trustworthy communication with sellers about charges and commissions and be sure that all agreements are in writing and absolutely understood by all events concerned.

The place GPT went off the rails was with this a part of the response: 

Itemizing brokers ought to present the vendor with a written itemizing settlement that clearly outlines all charges and commissions related to promoting the property. The itemizing settlement must also define any obligations of the itemizing agent and the vendor, akin to timelines for finishing inspections, repairs, or different necessities.

Appropriate response:

It’s unimaginable to know all of the charges that might be related to promoting the property. A giant a part of that’s regulated by TRID and brokers should comply with these pointers precisely. 

Furthermore, there is no such thing as a place in any itemizing settlement for the timeline for finishing inspections, repairs or different necessities. These dates are all negotiated within the buy settlement, not within the itemizing settlement. 

5. How ought to itemizing brokers disclose the present property tax data on their itemizing, particularly if the taxes will enhance for the brand new purchaser? 

GPT obtained this a part of the reply to this query partially proper: 

Itemizing brokers have a duty to reveal correct and full details about the property being bought, together with its present property tax data. 

If the vendor supplies the agent with a duplicate of the county tax assessor/collector’s invoice for property taxes for the earlier yr, brokers can embrace that data if there’s a area on the MLS itemizing enter sheet for that information. 

The place ChatGPT made quite a lot of egregious errors was within the following piece of recommendation. 

One approach to disclose the present property tax data is to incorporate it within the property itemizing description, together with any details about potential tax will increase. For instance, the itemizing agent might state the present property tax fee, the assessed worth of the property, and the estimated annual property tax quantity based mostly on these figures. If the property taxes are anticipated to extend for the brand new purchaser, the agent must also present data on the potential quantity of the rise, the explanation for the rise, and when the brand new tax fee will take impact. 

Along with together with this data within the itemizing description, the itemizing agent must be ready to debate the property tax data with potential consumers and reply any questions they might have. Offering clear and correct data upfront can assist consumers make knowledgeable choices about whether or not or to not buy the property.

Appropriate response:

Listed here are the important thing issues with this piece of recommendation:

• There is no such thing as a place on the Unique Proper to Promote to state the present property tax fee, assessed worth of the property, or the estimated annual property tax quantity based mostly upon these figures. Neither is there a spot on the MLS information enter sheets.
• Below the Company Legal guidelines in most states, the itemizing agent has a fiduciary obligation to their vendor, to not the client. 

Essentially the most obtrusive errors, nevertheless, had been these two suggestions from GPT: 

The itemizing agent must be ready to debate the property tax data with potential consumers and reply any questions they might have. 

If the property taxes are anticipated to extend for the brand new purchaser, the agent must also present data on the potential quantity of the rise, the explanation for the rise, and when the brand new tax fee will take impact.

Brokers are prohibited from giving tax recommendation. On no account ought to they try to clarify property tax will increase, the explanations for the rise, or when the brand new tax fee will take impact. 

In case your state has a selected tax fee (e.g., in California, property taxes are 1.2 % of the gross sales value), you’ll be able to present purchasers with a hyperlink to the state’s property tax codes. In different states the place values are assessed individually, advise the consumers to contact the town/county tax assessor for data on the property they intend to buy. 

As AI chatbots like ChatGPT turn into more and more prevalent in the true property trade, it’s essential so that you can keep updated in your disclosure obligations and to keep away from giving authorized or tax recommendation. That’s the easiest way to supply your purchasers with correct and dependable data and to keep away from making errors that may result in expensive litigation. 

Bernice Ross, president and CEO of BrokerageUP and RealEstateCoach.com, is a nationwide speaker, creator and coach with greater than 1,000 revealed articles. Find out about her dealer/supervisor coaching applications designed for ladies, by ladies, at BrokerageUp.com and her new agent gross sales coaching at RealEstateCoach.com/newagent.