Does a Megan’s list registrant have to disclose his/her status when buying a home?
By James L. Goldsmith, Esquire
This question was not an inquiry as to the offender’s registration requirements under the Megan’s Law; rather, the caller wanted to know if the buyer had to alert the seller or the involved agents. The answer to that question is – no. The registrant’s obligations to report and to appear in person at registration or verification sites is part of Pennsylvania’s Megan’s Law and can be found on the Pennsylvania State Police website. The reporting requirements and the intervals will vary depending upon the classification of the offender. In addition to the periodic in-person reporting, offenders have to appear in-person at approved registration or verification sites within three days of the commencement of residence or a change in residence.
It is conceivable that a seller will seek to determine whether the purchaser of their home is a Megan’s List registrant. It is not illegal to discriminate against a registrant, however, one who threatens, intimidates or harasses a registrant or their family, or who otherwise misuses the information available on Megan’s List, may face criminal prosecution or civil liability.
Copyright © James L. Goldsmith, Esquire, CALDWELL & KEARNS, P.C., 2013
All Rights Reserved
Jim Goldsmith is an attorney with Caldwell & Kearns and serves as general counsel to PAR. A substantial portion of his practice is dedicated to providing advice and counsel to real estate licensees. He and his firm represent and defend real estate salespersons and brokers in civil lawsuits and licensing claims across the Commonwealth. Jim also defends REALTORS® in disciplinary hearings conducted by the Real Estate Commission. He routinely counsels employers on employee relations issues and is one of the voices of the PAR Legal Hotline. He may be reached at www.realcompliance.com.
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