Home Selling in Madison>Question Details

Linda32, Home Buyer in Tulsa, OK

When I list my home for sale, do I have to disclose problems that have been fixed or only current problems - leaky water heater, etc?

Asked by Linda32, Tulsa, OK Wed Jul 13, 2011

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7
Lyle Wolf’s answer
I tell my sellers to disclose everything and have the buyer sign off on the disclosure. Once they do they are off the hook for any future liability (on anything disclosed) after the buyer purchases the home. With 90,000 attorneys in New Jersey, it is the smart thing to do.
1 vote Thank Flag Link Wed Jul 13, 2011
Just because it is not required by law - does not mean you should not do it. Be proactive. Be ethical.
As a buyer, I would gravitate towards sellers who -
1. Proactively offer home warranties.
2. Offer information on what repairs and improvements have been done in the last 3-5 years.
3. Create a positive atmosphere in the buying process - instead of us vs. them.
1 vote Thank Flag Link Wed Jun 13, 2012
Do what is right. What would you want a seller to do? Be that type of seller so when you next purchase, maybe others will have learned by your example. If you like my response, please pass it along to others. All of us are basically good people, sometimes activities in the world get a little cloudy. Good news!
1 vote Thank Flag Link Wed Jul 13, 2011
Check with your local Real Estate Professional. Your state might require disclosure of termite/moisture damage repairs made. If it's a reoccurring problem that has to be fixed, you would want the new owner to be aware of that. If a problem occurred and you corrected it, there is nothing to disclose other than you maintain your property. A buyer might be happy to know he/she is buying a home that has been kept in good shape.
Web Reference: http://johnbrooks.lnf.com
0 votes Thank Flag Link Wed Jul 13, 2011
You can most definitely brag about the new water heater or Roof, but only have to disclose what is broken or needs repair at time of sale! Plus address the issues from the Home inspection the buyer will want to have!
0 votes Thank Flag Link Wed Jul 13, 2011
Hi Linda,

Because Alabama is a buyer beware State (caveat emptor), disclosures other than those required by law (Lead Based Paint) are not required to be made. Certainly, if someone asks, a truthful answer would be prudent. Also, most people will have an inspection performed where questions may arise. Certainly if you had problems fixed, they should not be a problem, and may increase the marketability of your home (like a new roof). I would fix current problems before you put the house on the market. It'll make your home more marketable.

Please feel free to call, e-mail, or text me any time.

Karen Windeler, Huntsville's Real Estate Lady
256-797-1093
Karen@KarenWindeler.com
0 votes Thank Flag Link Wed Jul 13, 2011
Alabama is a buyer-beware state, so you don't have to disclose anything in regards to problems.......unless it is health, safety, or structurally related. So, discovered black mold in the basement? YES. Leaky water heater? NO. That's technically the buyer and home inspector's job to find.
0 votes Thank Flag Link Wed Jul 13, 2011
I will certainly lookout for your name when I start looking for a home this summer - put this on my blacklist.
Sellers should put themselves in the buyers shoes if they truly want their home to sell. The home buying process does not have to be antagonistic between buyer vs seller.-
Flag Wed Jun 13, 2012
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