Unsuccessful attempt at obtaining an updated/completed disclosure, should I make an offer without?

Asked by R, New York Sat Oct 22, 2011

I don't want to spend money on previous major issues known to seller's

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Scott Manley, Agent, Centerville, MA
Mon Sep 24, 2012
In some states, such as Massachusetts seller disclosure form is not mandatory. So, it would depend on which state you are in. You would hope that the listing agent would disclosure anything they may know and the seller tells the listing agent about any defects in the home.
9 votes
Thank you for all the information. Always helpful!!
Flag Sun Feb 24, 2013
Depends on state. Ask your realtor.
Flag Tue Oct 23, 2012
Flag Sat Oct 20, 2012
Thanks for your input!
Flag Wed Oct 17, 2012
Thanks for the infomation. Very helful
Flag Tue Oct 9, 2012
Rafi Footerm…, Agent, Edison, NJ
Mon Sep 24, 2012
It's always best when you can obtain a disclosure statement, but not having one should not prevent you from making an offer. Perhaps your offer may be lower due to the unknown issues. Regardless, a good thorough home inspection is very important to reduce some of your risk.

Feel free to contact me for more information. I don't make money for referrals, just my inspections.

Rafi Footerman
Mid Jersey Inspections
NJ Home Inspector Lic. #076900
0 votes
Gina Chirico, Agent, Fairfield, NJ
Sat Oct 22, 2011

As stated below, a sellers disclosure is not mandatory in New Jersey nor can a seller be forced to provide one and many homes are sold without sellers disclosures. If you want to buy the house, make an offer and if the seller accepts your offer you will be entitled to a home inspection. The home inspection will reveal any major issues with the home. Sometimes even if a seller HAS completed a disclosure, they are unaware themselves of a major issue until the inspector reveals such an issue or issues exist. My opinion is NOT to buy a home without a home inspection.
0 votes
Linda Lorenzo, Agent, McKinney, TX
Sat Oct 22, 2011
I do hope you are working with an agent who can assist you with this. As Deborah said many times there is no disclosure if it is a government owned home, foreclosure or estate sale. You will of course want to have a thorough home inspection done which should uncover any major concerns.
0 votes
Deborah Madey, Agent, Brick, NJ
Sat Oct 22, 2011
I diligently try to obtain written disclosures from a seller, but sometimes....it just does not happen. I have closed transactions without a disclosure where the buyers are 'happy buyers' and still in residence several years later. There are rarely disclosures for properties which are owned by estates or banks. Some sellers decline because their attorneys advise them not to complete paperwork that is not required.

Since a written disclosure is not mandatory, you cannot force it. Do your own thorough walk-through paying close attention to details. If you are satisfied and interested in the property, proceed with the guidance of a buyer agent and attorney.

I always recommend that buyers attend their professional inspection.

Best of luck
0 votes
Great response. How is your market?
Flag Mon Sep 24, 2012
Mary Petti, Agent, Edison, NJ
Sat Oct 22, 2011

There are a few agencies, one in Woodbridge in particular, who never have their sellers fill out a sellers disclosure when listing a property. Sellers disclosures are not mandatory in NJ, and many homes sell without one.

A disclosure it the preliminary information you get from the homeowner, to the best of their knowledge, and is not necessarily the be all to end all as far as the presence or absence of possible defects in the property.

The home inspection you pay for is another tool to help you determine any issues that may be present, or look like they were there previously present/remediated (like water in basement, leaky roofs, etc).
If you are working with an agent, ask him/her about their experiences selling homes with and without a disclosure.

I personally have sold many homes WITH a disclosure that, after inspection, have had items turn up that weren't on the disclosure.

Again speak to your agent and your attorney about the possible down side of not having a disclosure and what can be done to protect you in the event you do decide to make an offer on this home. I wouldn't completely use the lack of one as a reason not to purchase this home.
0 votes
Kathleen Lor…, Agent, Baxter, MN
Sat Oct 22, 2011
Why would you then make an offer? I am not sure by the post what is missing in the disclosure- but if it is incomplete or not signed then have your agent(you have one - right???) address this with the listing agent. If you are working without representation then you are making many mistakes.
Web Reference:  http://topbrainerdagent.com
0 votes
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