Uncategorized June 20, 2023

Debunking Myths: The Truth About Seller Property Disclosures

Myth: Sellers are not required to disclose any known defects to buyers.

Fact: Sellers ARE required. Yes, you read it right. The world of real estate may be filled with a few gray areas, but when it comes to disclosing known defects, it’s as clear as black and white. Whether you’re a seasoned property flipper or a first-time home seller, remember: honesty isn’t just the best policy—it’s a legal requirement.

So, let’s dive into this essential facet of real estate transactions and demystify any misconceptions you may have.

What is a material defect?

In real estate parlance, a material defect refers to any significant issue that could reasonably impact the property’s market value. It isn’t just about broken tiles or leaky faucets. We’re talking about conditions that pose an undue risk to people—think faulty electrical wiring, structural instability, or a compromised foundation.

What should sellers disclose?

In addition to material defects, sellers must disclose:

  1. Zoning Issues: If your property isn’t correctly zoned for its current use, that’s a disclosure.
  2. Environmental Hazards: Asbestos in the attic, lead in the pipes, or a radon issue? Yes, you’ve guessed it—these need to be disclosed too.
  3. Easement Violations: If there’s an easement on your property and it’s been violated, potential buyers have a right to know.


What don’t sellers need to disclose?

Sellers are required to disclose only what they know. This means there’s no need to hire an inspector to unearth hidden problems. However, if you do hire an inspector who discovers defects, those too become your responsibility to disclose.

It’s also important to remember that you, as a seller, can only be held liable for non-disclosure if the buyer has taken reasonable steps to inspect the property’s condition. In other words, if the defects were glaringly obvious and the buyer overlooked them, the onus falls on the buyer, not you. Never deny a buyer the opportunity to conduct inspections.

Are there any exceptions?

Yes, a buyer cannot sue you for any defects they were aware of before finalizing the sale. This includes any defects unearthed during a preliminary inspection. Also, remember that real estate agents or brokers representing the seller also bear the responsibility of disclosing any known defects.

So, that’s the truth about property defect disclosures. As we’ve seen, a little honesty can go a long way in preserving your reputation as a seller and preventing legal issues down the line.


Should You Get an Inspection Before You List Your Property?

An important question to ponder is whether you should get an inspection before listing your property for sale. While this isn’t a legal requirement, there are several benefits to investing in a pre-listing inspection that can prove advantageous.


  1. Identify Issues in Advance: A pre-listing inspection allows sellers to discover any potential issues or defects in advance. This gives you the opportunity to fix these problems before listing, which could enhance your property’s appeal and value. The last thing any seller wants is for a sale to fall through because of a defect that comes to light during the buyer’s inspection.
  2. Transparent Pricing: If you discover defects but decide not to repair them before listing, you can address these issues in your pricing strategy. This transparency could potentially speed up the selling process because buyers will have a clear idea of what to expect, reducing the likelihood of renegotiations or last-minute surprises.
  3. Less Stress and More Control: It’s always better to be proactive than reactive when it comes to selling a property. Getting a pre-listing inspection gives you more control over the selling process. It reduces the chances of buyers using their inspection contingency to negotiate a lower price or ask for repairs.
  4. Boost Buyer Confidence: A pre-listing inspection report can also serve as a selling point. Sharing the report with potential buyers can boost their confidence in the integrity of your property and your honesty as a seller. This level of transparency can help differentiate your property in a competitive market.

However, it’s important to remember that while a pre-listing inspection provides numerous advantages, it also obligates you to disclose any defects discovered. Despite this, many sellers find that the benefits of understanding your property’s condition, maintaining control over repairs, and building buyer trust outweigh any potential drawbacks.

When it comes to the question of whether you should get an inspection before listing your property, the answer is ‘maybe’. Every property and situation is unique, making this a case-by-case decision. Therefore, it’s paramount to partner with an experienced and knowledgeable Realtor who can provide tailored advice for your specific circumstances.