Home Selling in Round Rock>Question Details

Lbc, Home Seller in Round Rock, TX

should you disclosed all the problems in your house to your selling agent?

Asked by Lbc, Round Rock, TX Tue Jul 13, 2010

Help the community by answering this question:

Answers

204
No! Absolutely not! Disclose nothing! Lie!

Sorry. I just wanted to shake things up a bit.

153 answers and people are still compelled to answer a question that has already been answered ad nauseum.

Please, for the love of all that is good in this world, please stop.
3 votes Thank Flag Link Sun Aug 22, 2010
Yes, else you could be subject to a lawsuit later on after the closing. All material defects should be noted in the "Seller's Property Disclosure" and posted on the MLS with your listing.

Good luck with your home sale!
2 votes Thank Flag Link Thu Aug 12, 2010
Always disclose, dislcose.

Mildred Valentin
Exit Realty Van Zandt
2 votes Thank Flag Link Wed Aug 11, 2010
Honesty is best policy. It sells.
2 votes Thank Flag Link Wed Aug 11, 2010
Yes! BUT!!! There are great programs out there to help you with your problems. Order your home warranty now and choose the seller's plan. This will allow you to cover some of the major issues that are discovered during the buyer's inspection. It is best that everything you know be fixed prior to you getting an offer - otherwise you will get low offers compensating for the repairs and then, you cannot even be sure that more requests will come during the buyer's option period. The more you prepare now, the better your home will show and sell!
Web Reference: http://www.iclickhomes.com
2 votes Thank Flag Link Tue Aug 10, 2010
Why risk upsetting buyers and losing a sale because you did not disclose something they found out after paying for an inspection?

What you disclose you do not have to worry about. What you hide can come back to bite you in the butt.

If you were buying the house instead of selling it would YOU want to have the seller hide things from you that are important in the buying decision?
2 votes Thank Flag Link Tue Jul 13, 2010
YES! Disclose everything to your agent. Do it in writing and have them sit down with you and have them help you decide what items can be applicable for including in the disclosure. Your opinion counts of course,but, be intellectually available to receive counsel from your agent. If you feel that you want to disclose something and your agent does not; don't get mad at them, just make sure they include it(they work for you),
If you want to have a "bare minimum" disclosure and you know in your heart you should be including more; then you are probably making a bad moral decision that could lead to legal reprisals. What if your buyer gets a thorough inspection that reveals something that you should have disclosed and didn't?
Sometimes flaws or material defects create road bumps,but, in general, EVERYONE will appreciate your honesty.
2 votes Thank Flag Link Tue Jul 13, 2010
After selling real estate in South Florida, I've seen it all. I've never lost a deal because something WAS disclosed however I have lost a deal because a seller tried to hide something. Usually it comes out so let your agent handle the disclosure in the proper way.

Best of luck,
Lisa Treu
Host of the Treu Real Estate 911 at http://www.wjno.com on Saturday mornings at 8:30.
Web Reference: http://www.treugroup.com
1 vote Thank Flag Link Thu Nov 18, 2010
Aside from your legal obligations to disclose, keep in mind that the unknown will always cost you more than the known when they buyers come along. In some cases, provide buyers with estimates (for example, if you have a bowing basement wall, get a written estimate from a contractor, put it in a plastic page protector and attach it to the wall). They will appreciate your honestly, be less likely to nail you after the home inspection, and you'll be able to hold more firmly to your price (provided it is reasonable and fair).

-Chris
1 vote Thank Flag Link Wed Nov 17, 2010
Full disclosure of material defects is the best way to go. A seasoned agent can present these in the best light, and help you avoid legal consequences of non-disclosure.
1 vote Thank Flag Link Wed Nov 17, 2010
3 words, YES, YES and YES! do you want to lie about things? What kind of question is this??
Brian
1 vote Thank Flag Link Thu Nov 11, 2010
That is a loaded question. What doesn't seem a problem to you may be a problem to the buyer. What is strange in the time frame we are in is the REO properties disclose nothing and sell everything "AS IS". I have sold short sales and foreclosure and HUD homes with problems after closing.
So what is the answer? If you like the location or price or the uniqueness of the home then buy it and just like every other homeowner, fix it if it breaks. If you do get a home inspection you may opt to get a Home Warranty which will cover most things for a year and you may continue to purchase the Warranty every year after that if your Leary of future major expense.
Owning a home is not for everyone because you will always have items to repair or replace.
1 vote Thank Flag Link Sun Nov 7, 2010
I'm sorry. You must be referring to another Joan Braunschweiger. As you can see, I look much different than that Joan Braunschweiger on that other site. I'm a lot better looking. :)

Tanya, different picture for you too! I've been meaning to ask, which one are you?
1 vote Thank Flag Link Sun Aug 22, 2010
As a seller, it is very important to disclose any issues that you are aware of in your property. Once you do that your agent will be able to assist you to clear up any potential issues or hazards. Good luck!
Web Reference: http://www.DesariJabbar.com
1 vote Thank Flag Link Thu Aug 12, 2010
One should always disclose problems, some could be small and some big issues. Your broker or agent might have sellers disclosure forms and you just complete it. It is simple.
1 vote Thank Flag Link Wed Aug 11, 2010
Disclose, disclose, disclose. You don't want to be infront of lawyers, buyers, escrow officers, and agents trying to explain how you thought it was OK to NOT disclose something potentially huge! Better safe than sorry!
1 vote Thank Flag Link Wed Aug 11, 2010
Always disclose everything you know.
1 vote Thank Flag Link Wed Aug 11, 2010
By all means, I would rather know everything about your home upfront, both good and bad, we don't want to get close to closing escrow and a problem pops up and may jeopardize the sale! It is in your own best interest!
1 vote Thank Flag Link Tue Aug 10, 2010
Yes you must disclose, any chance you knew of a fault or defect could be grounds for a law suit. As a Realtor we are not responsible to discover anything, but we are required to make note that you say there are no defects. A buyers Realtor my point out the obvious to a customer such as stains in the ceiling, wood damage that is visable, odd smells, and tell tail signs of wood destroying organism (Dead Swarms in the house or Garage) We do require that a seller fill out a disclosure form at time of listing and we make not that on was asked for, however you the seller are responsible for disclosing these facts and as the listing Realtor we will note whether you disclosed or not! I surely do not want to be part of a law suit nor do any of my fellow Realtors. If there are enough things wrong with the house you can sell it in an AS-IS contract with buyer's right to inspect, but even then Disclosure is required!
1 vote Thank Flag Link Fri Aug 6, 2010
The truth will set you free. The answer is yes, disclose, disclose, disclose, if you are open and honest, nothing can come back to haunt you. Stay away from legal problems by being open and honest.
1 vote Thank Flag Link Thu Aug 5, 2010
Yes, you should disclose all adverse facts on the Property Condition Disclosure. If a problem is known by the homewoner and not disclosed, the buyers can sue for damages. It is always best to be upfront and honest about everything involved in the sale of your home.
1 vote Thank Flag Link Wed Jul 28, 2010
Lbc:
Without a doubt. If you don't, your Realtor is required to. Plus, your buyer will find out upon their home inspection and will most likely ask for you to complete the work or just walk away.
And once that inspection is done, those found items will have to be disclosed anyway.
I suggest you have your home inspected prior to putting it on the market so those items can be addressed prior to getting out there to the public or at least told to the prospect. Who can then will make an intelligent decision as to whether to go forward on your home or not. If they go further, you will have a more sure buyer and easier transaction.
Good luck.
Jeffrey
1 vote Thank Flag Link Fri Jul 23, 2010
You should always disclose all defects to your agent so that they can help you to maximize the return on your investment in your home. Failing to disclose material defects could put you as the seller at risk for a lawsuit Also your agent can help you to decide if you should repair the issue or address it at the time of inspection.

Most states have seller disclosure laws requiring the seller to disclose to buyers know material defects in the home. Seller disclosure laws give a buyer a fair chance at knowing what the seller knows about his or her home when it comes down to material defects in the home. Some states require a buyer to sue the seller for that failure to disclose within one year of the closing on the home.

Feel free to contact me

Michael Wiegand
Realtor, ABR, ASR, GRI
Prudential Fox & Roach Realtors
530 Walnut Street
Suite 260
Philadelphia, PA 19106

http://www.Lifestylephilly.com

mike@lifestylephilly.com
Direct 215 521 1617
Office 215 627 6005
1 vote Thank Flag Link Thu Jul 22, 2010
Joan,

While I'm not sure what an expert Texan is (versus an expert in real estate, neither being a claim made by me), I will leave that discussion for another day. But thanks for recognizing that I do in fact understand what needs to be disclosed legally. In Texas, the seller has no obligation to inform his/her agent of defects, etc. but they are, by contract, agreeing to complete the necessary disclosures. It is the agent's responsibility to review the disclosures and get his/her questions answered regarding said defects/issues.

If Lbc wishes to seek opinion from out of state sources, he/she is more than welcome to do so. It does not impact me either way. My main point is that not all real estate generalizations can cross state lines without becoming skewed. I believe disclosure is one of them.
Web Reference: http://www.phgbrokers.com
1 vote Thank Flag Link Tue Jul 13, 2010
Then we're in agreement that it's not complicated. See, we actually have something in common. And thanks for clarifying that your comments were based on your personal belief and not on legal precedent. ("My personal belief is, the more a buyer knows ahead of time, the better.")

And just so everyone knows, "hiding" a defect or material matter is a violation of both the DTPA and Property Code. In other words, it's more than a matter of ethics or morals and what one would like or dislike...it's a matter of law. Dang, there I go with the pesky law stuff again.

PS. I did just buy a house a home to rehab and no the seller didn't tell me the commode wasn't flushing properly. No, I couldn't care less that he didn't disclose this. Most Texans also know that a faucet can be repaired and a toilet valve can be replaced. But hey, that's just me.
1 vote Thank Flag Link Tue Jul 13, 2010
Well okay, since you asked....

I don't see where this has to be made complicated. The seller knows of existing problems and discloses ALL of them to the agent.
The agent, in this case a TEXAN expert such as yourself, can than use that expertise in all things TEXAN, to decide/explain what legally needs to be disclosed to buyers and what doesn't.

My personal belief is, the more a buyer knows ahead of time, the better. Its basically laying it all out on the table and letting the buyer decide what they consider to be a problem or not.

Most buyers, in my Joiseyian belief, are intelligent enough to understand that grass can be cut and rooms can be painted and therefore, have no place on a seller's disclosure (which is what us Joiseyans have, not sure about you TEXANS).

What to state on our NJ seller's disclosure is very clear cut. No personal opinions involved.
1 vote Thank Flag Link Tue Jul 13, 2010
Sorry, but I just couldn't resist Joisey girl.

So Jersey girl, what is your definition based on? Is it how you personally define "problem?" What if the seller has a different idea of what a problem is? Should your definition control? Methinks not.

So, how would a competent agent/broker advise someone to determine the definition? My opinion is we look to the law. After all, a yellow room, leaky hose bib or high grass can be considered a problem to the seller, but is not considered a latent defect and it does not materially affect the value of the property and therefore does not need to be disclosed. Doesn't mean it can't be disclosed, just that there is no reason to disclose it even if it's common in other states.

Unlike others, my purpose here was to offer Lbc some guidance based on something other than my personal opinion or the laws of another state.
1 vote Thank Flag Link Tue Jul 13, 2010
Why would you NOT disclose problems?
It is cheaper to disclose issues than to have the buyer or their inspector "discover them". Some Realtors recommend having a pre-sale inspection, fix all the problems, then show the buyers the report.
1 vote Thank Flag Link Tue Jul 13, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
In OH, it is law that the Sellers must disclose all problems/defects (even if they have been repaired) with their homes in a 4 page document which is given to ALL prospective Buyers. Check with a Realtor licensed in TX to determine what your legal oblications are in TX.
1 vote Thank Flag Link Tue Jul 13, 2010
Hello LBC,

You really need to disclose all problems not only to your agent but to your buyer. How would you like to buy a house if the seller was hiding issues. You are also setting yourself up for a lawsuit in the future as the buyer can come after you for not disclosing issues that you should have known about.
1 vote Thank Flag Link Tue Jul 13, 2010
when is it to late to disclose something
0 votes Thank Flag Link Mon Mar 14, 2016
In Massachusetts if you tell your agent about problems in your home she is REQUIRED BY LAW to disclose those problems to potential buyers. Also in Massachusetts, if you disclose one problem then you MUST DISCLOSE ALL PROBLEMS. We use property disclosure forms as well but they are not required to be filled out and if you choose not to fill it out there is no "consequence".

I agree with most of the other agents who have commented that your best approach is honesty and full disclosure for a fair sale. Often in Real Estate and life in general when we try to hide something it usually comes out in the end. By being up front about issues you don't risk the event of the issue being a bigger deal when it comes out in the home inspection, which it always does, and the buyer being scared away OR wanting money off the price of the home.

Good luck to you!

-Sunny Fellman, Realtor
Cape Cod, MA
0 votes Thank Flag Link Tue Nov 23, 2010
Hi Lbc. I just had to stop by. I suspect by now you've figured this disclosure thing out, yes? Good luck.
0 votes Thank Flag Link Tue Nov 23, 2010
I agree with all always Disclose, disclose and get the Disclosure form filled out.

Mildred valentin
0 votes Thank Flag Link Mon Nov 22, 2010
Depending upon your state there will probably be a Property Disclosure Form" that the seller will be required to complete. In NYS the seller has the option of completing the form or providing a $500.00 credit to the buyer at closing.

As the seller If you fail to deliver a property Condition Disclosure statement to the buyer prior to the buyer signing a binding contract of sale , the buyer will be entitled to a credit in the amount of $500.00 against the purchase price of the property upon transfer of title

I always suggest to the seller to talk with there attorney .
0 votes Thank Flag Link Sun Nov 21, 2010
Carole you crack me up! She's right though Lbc probably sold the house already and has moved on but had to comment anyway, don't want to say I never commented on this and of course disclose! :)
0 votes Thank Flag Link Sun Nov 21, 2010
Absolutely. When a seller signs a Residential Property Disclosure, they are stating they are or are not aware of any letent defects. This is a contract of truth.
0 votes Thank Flag Link Sun Nov 21, 2010
To any seller reading this. YES. If you disclose to your realtor they have an opportunity to discuss possibile remediation for these problems if required. You have to fill out a Sellers Property Disclosure and if you do not reveal everything you know and the buyers has a problem and discovers that you have "kept secrets." Then you can be held liable so PLEASE - discuss any problems with your property with your realtor. That is wht we are there for - to help you understand and resolve issues so you can sell a home to another without any ramifications later.
0 votes Thank Flag Link Thu Nov 18, 2010
Hi Joan,
I've been hanging with you I'M #200 !!
0 votes Thank Flag Link Thu Nov 18, 2010
OH MY GOSH!!! Aren't you guys tired of this question yet? 198 answers and you still think you have something to offer that hasn't already been offered up. At this point I am with Joan Braunschweiger-"Dsclose nothing!!- Lie- cheat and steal." And for Pete's sake stop answering the question- Lbc has probably sold his or her property, (disclosing everything that was wrong with it of course), bought a new abode, moved in and forgotten all about this silly question....everybody else should too. Move on- enlighten people about other topics- everyone gets the point- disclose.
0 votes Thank Flag Link Thu Nov 18, 2010
Better yet, why not fix some of them. :)

After the home inspection is done, there will likely be things you did NOT know was wrong, so be a step ahead in the process, do due diligence for you. After all, wouldn't you want your product (your home) to be the best on the market, beautiful, desirable and irresistable?

:)
Brandi Callum
Web Reference: http://www.brandicallum.com
0 votes Thank Flag Link Thu Nov 18, 2010
Short answer YES! Do it always unless you want a law suit down the road.
Web Reference: http://www.EllenCrusoe.com
0 votes Thank Flag Link Thu Nov 18, 2010
Over 4 months and 195 answers later, I'm pretty sure that Lbc has a pretty good idea that the answer is yes.
0 votes Thank Flag Link Thu Nov 18, 2010
You are required by law to disclose all material fact that you know about your property to your selling agent.
0 votes Thank Flag Link Thu Nov 18, 2010
Dear Lbc:

We recommend that you fully discuss any known issues regarding your property for sale.

Depending upon your state there will probably be a Property Disclosure Form" that you will be required to complete. In NYS the seller has the option of completing the form or providing a $500.00 credit to the buyer at closing.

Check with your broker or attorney to determine the specific state/local requirements.

Best regards,

Bonnie Chernin and Dave Rogoff
Fillmore Real Estate Br#19
2926 Avenue J
Brooklyn, NY 11210
917-593-4068 (David Mobile)
646-318-5031 (Bonnie Mobile)
davidrogoff@fillmore.com
0 votes Thank Flag Link Wed Nov 17, 2010
Hi Lbc,

Yes, you need to disclose everything about your home that are problems with the exception of cosmetic only items. If you know that there are problems with your home, I would recommend that you get a qualified inspector to come inspect your home and give you a complete list of all of the items that are required to be fixed according to your local codes and the items that could be or are safety issues. The items that are safety issues, if any, I recommend that you repair them prior to the close of escrow yourself so as to limit your liability to the buyer. In addition, get a list of cosmetic items that do not have to be fixed. This will educate you on what items you are going to have to fix for the buyer and what you need to budget for the repairs as almost all buyers are going to get their own inspection and discover the same issues.
0 votes Thank Flag Link Wed Nov 17, 2010
You are required by law to disclose all material fact that you know about your property to your selling agent. Otherwise you could be liable for damages.

Thanks
David
0 votes Thank Flag Link Wed Nov 17, 2010
how long do you have suit a seller buy house state ms
Flag Thu Feb 20, 2014
Hi LBC,
When in doubt. Disclose!
If you knowingly withhold a material fact about a property, you could be held liable for that facts negative impact on the home or homeowner.
0 votes Thank Flag Link Wed Nov 17, 2010
Yes! Yes! Yes! If you want to avoid problems, you need to let your Realtor know everything that is a material fact about your home and you do need to disclose any latent defects that you are aware of!
0 votes Thank Flag Link Wed Nov 17, 2010
In short, 'yes'. Better to disclose information in a timely fashion than to deal with unnecessary complications later on.
0 votes Thank Flag Link Wed Nov 17, 2010
1 2 3 4 5
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer