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How to Not Get Sued

By
Real Estate Broker/Owner with Green Light Real Estate

Stop!  Don't Sue!

Most homes for sale in Montpelier and Barre come complete with what's called a Property Information Report.  That's the six page document that gives the seller the opportunity to say what they know about the place.  Has the basement flooded?  Has the boiler been replaced?  How old is the roof? 

This does a couple things.  First, it lets the seller have a public confession that the house is not, in fact, perfect.  Second, it lets buyers become aware of the imperfections before they even look at a property, and certainly before they make an offer.  The result should be that buyers make offers based on as much information as possible.  Then, they don't have to reopen negotiation after a home inspection.

As for the headline, a properly filled out Property Information Report is a tidy little piece of insurance for a seller.  Buyers sign a document saying they have received the document (as part of the offer paperwork).  So when the basement leaks two weeks after the closing, the buyers can look back and see that yes, the basement has leaked in the past.  And no, they're probably not going to win a lawsuit against the seller.

It's better to know more.

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Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Ray...I sold a home that I owned many years ago and it had two sump pumps in the basement.....I put a clause in the purchase and sales that everyone signed acknowledging that there were 2 sump pumps and that there is a water problem in the basement that requires the use of both pumps.

Mar 13, 2011 01:40 AM
Dennis Duvernay Broker/Owner
Hillview Realty - Northbridge, MA

Ray I think the sellers disclosure can help and hurt the seller.....I know some sellers that, even after having the disclosure explained to them, will try to fudge on some answers....I always fill out the disclosure with the seller and remind them to be completely honest or it could come back to haunt them.

Mar 13, 2011 03:04 AM