Thanks you for your responses. It is great to hear what you have to say. I would have disclosed them or recommended they be disclosed also.

Sat Oct 6 2007, 21:46

HI Carrie:

I agree with the other answers. As Ute stated, "In California, the listing and selling agent are required to also conduct a visual inspection and disclose what they have found in the Transfer Disclosure Statement. As an agent, I would have noted the cracked tiles." I would have done the same if I had seen them. At our MC of KW we say, "Long disclosure, short escrow"

Thu Oct 4 2007, 19:01

Hi Carrie. While I think it would have been better if the tiles had been included in the disclosures, I agree with Paul. I don't consider this a material fact either and sometimes sellers are just so used to a condition that they forget about it. I usually encourage my sellers to include everything they can think of and let the buyer decide whether it's a material fact. If a seller disclosed minor problems and missed one it's more likely that they would not be charged with intentional omission since they obviously mentioned other minor items. In California, the listing and selling agent are required to also conduct a visual inspection and disclose what they have found in the Transfer Disclosure Statement. As an agent, I would have noted the cracked tiles.

Thu Oct 4 2007, 11:28

While most areas call for the seller to disclose any/all known material facts, I have a difficult time believing that an omission of a couple of plainly visible cracked tiles is cause for much concern. Many areas consider such things cosmetic. I highly doubt that minor cracked tiles would be ruled by a legal authority to be a material fact that would have affected the buyer's decision, had they been aware of it, to purchase the property. As such, your friend should simply say "my bad" and correct the disclosure to reflect the cracked tile. Further, in my area, the disclosure does not have to be provided until after the contract has been fully executed. As such, in Arizona, there would not be a potential disclosure issue if the change was made and resubmitted to the buyer within 5 days of contract acceptance.

Thu Oct 4 2007, 09:06

Every state disclosure is different. Ct. asks if there are any plumbing issues. Cracked tiles clearly would not apply. Given they were obvious, I think it is up to the buyer and through the inspection process to understand the minor issues of the property.

Thu Oct 4 2007, 08:11