I recently represented a seller that filled out a sellers disclosure along with all the other proper New Hampshire documentation required by law.
We went under agreement and the buyer researched the home owners insurance policy on the house and found 2 claims against the property that I was unaware of.
When I questioned the seller, he politely offered up the fact that one claim was for a tree that fell on his neighbors shed and the other was for a water pipe outside the house that did not have any adverse affect on the property itself. It was not a material defect.
I'm concerned about insurance companies giving out information like this. Are there no privacy issues in regards to this type of information?
Furthermore, if it is not an adverse material/latent defect to a New Hampshire home, and is not disclosed on the sellers disclosure does it have to be disclosed?
Is this something common in other states?
If it is a claim for water damage in a basement that flooded then it would be something that would need to be disclosed in my opinion ... this a grey area. Has anyone had any experience in this area?
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