What are examples of conditions an owner is not obligated to disclose pn the disclosure form?

Asked by Banks, Greensboro, NC Thu Mar 27, 2008

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Diane Wheatl…, Agent, Upland, CA
Thu Mar 27, 2008
Neither the seller nor real estate agent is liable for any error or inaccuracy in the disclusre form provided that they had no personal knowledge of the error or inaccuracy, it was based on the information provided by a public agency or report prepared by certain specified licensed porfessionals, and the seller and real estate agent used due diligence in providing the information.

Rest assured that negligent or willful failure to comply with a truthful and thoughtful representation of the condition of a home in escrow will result in liability for any actual damages incurred resulting from a lack of proper disclosure by means of a visual and diligent investigation of accesible areas and/or actual known defects.
2 votes
Kelly Browne, Agent,
Thu Mar 27, 2008
In California, the more you disclose, the better off you are! Disclosures provide the seller with protection from potential law suits. A reputable realtor will provide you with the necessary disclosures to ensure you are protected. Remember the law requires that certain disclosures be provided to the buyer in every transaction. Selling by owner and placing "As-Is" in the contract does not relieve you of this obligation and opens the door for potential buyer lawsuits for years to come.
1 vote
Banks, Home Buyer, Greensboro, NC
Thu Mar 27, 2008
As Ms. Carroll's response clearly articulates, the laws vary from state to state. Can anyone speak with specificity about the law as it applies to this question in North Carolina?
1 vote
Pat Vernon, Agent, Clearwater, FL
Thu Mar 27, 2008
The death of a person or the medical condition that caused the death.
1 vote
Linda Carroll…, , Lacey, WA
Thu Mar 27, 2008
In Washington State, the Seller is obligated to disclose any known material facts about a home, that may affect the Buyer or cause a Buyer to reconsider buying the home.

A material fact is anything about the house--construction, leaks, noise, neighborhood, past drug activity--anything at all, even if it is something that was repaired.

There is always some debate at the forms or laws classes, about if you have to disclose that the home is haunted!

I guess what I am saying is that here the Seller is obligated to disclose anything they know about.

Best wishes,
1 vote
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