Selling a Home - Disclosures

BunsenBurner
Wed, 31 Jan 2018 21:32:21 +0000

In my state, the duty to disclose applies only to defects that are material and “not apparent or easily ascertainable.” But some court decisions hint that only deliberate concealment of material defect that otherwise would be discovearable will get one in hot water and only in limited circumstances. Even deliberate concealment of rot that could have destroyed the house was not bad enough when the buyers saw some rot and did not make further inquiries into it.

Bottom line: this is state-specific. When in doubt, consult a RE attorney or ask your agent for guidance.