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Seller's Disclosure- Let's Be honest!

By
Real Estate Agent with Weichert Realtors-Media, PA

I recently had a buyer put an offer in on a property and we had a home inspection done. Now of course, there was a seller's disclosure given to the buyer, but....obviously not an honest one.

The inspection happened to be the day after a local rainfall. And although the seller stated there were no known water leakage issues except 10 years ago, one bedroom ceiling and another bedroom rear wall, the kitchen and powder room walls were WET. Bubbling WET.

Now there had been some old water stains on some of these locations when we first looked at the home, however the seller stated that the roof had been replaced this year.

Is the buyer supposed to believe that there was no deceit in this disclosure? How could the seller not have known about that much water coming in the home? These were my buyer's questions, of course.

I believe that if a seller is going to list a property, they should walk the property and realize what issues will need to be addressed. Maybe even have a home inspection done prior to the listing. 

Do sellers or their listing agents realize that by not being honest about the obvious, they will end up with a lawsuit on their hands? This is definetely a party we don't want to be invited to!

Comments (6)

Tanya Busch
The Maine Real Estate Network - Auburn, ME
Maine Real Estate
Good Post.  We see this issue raise its head on occasion here too.  We have even had to refuse to take listings due to the sellers refusal to list obvious disclosure items.  This is definitely a point that brokers need to pay attention to.  They are liable for known defects and defects that "should have been known."  Many sellers think that they can rely on saying that they are selling the property "as is."  They often need to be reminded that they are still legally required to disclose known defects and represent the condition of the property honestly.
Oct 30, 2007 07:33 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F
It is amazing what people will try and get away with.  I always make sure to have my buyers get inspections and push to get the seller to buy a 1-year home warranty.
Oct 30, 2007 07:35 AM
Christopher Smith
TREGO REALTY - Cedar Rapids, IA
Good post Barbara, I'm tired of sellers not truthfully disclosing everything on the property disclosure. 
Oct 30, 2007 08:52 AM
The All Pro Team
EXIT Realty Leaders - Crystal River, FL
Barbara , great post.  I sold my personal home to a sink hole company, when they re-listed it (not through me because I wouldn't lie) he was very vague on the property disclosure.  An agent in my house had a buyer for it and when he received the disclosure it was blank except for the following "Seller has never occupied the home and is unaware of any defects"!!  Can you believe it, luckily when the agent pulled property records and so my name he asked me about it, only then did the seller fess up!!
Oct 30, 2007 11:18 AM
Debbie Greto
Keller Williams Real Estate - Media, PA
Hey Barb I heard you were in our office today.  I hope you make the switch.  Debbie
Feb 18, 2008 01:15 PM
Anonymous
C V
I bought a house with a broken pipe inside the foundation. The seller's disclosure did not disclose the problem, but every plumber in town had looked at the leak and told him it was a broken pipe. Our court date is in May, arbitration did nothing. His only defense is that he didn't know, which I can prove otherwise and that in the contract under what the seller will repair he wrote "as is". That won't be a good defense either. I hope I get rich, loser.
Mar 19, 2009 11:27 AM
#6