Does the seller have to disclose water damage?

Asked by Unhappy, Woodside, NY Wed Jan 18, 2012

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Kelsey Compa…, Home Buyer, Provo, UT
Thu Mar 19, 2015
I would assume that most home owners would have to disclose water damage depending on how bad the damage was. If the home has still not been repaired there are options. The home owner could have the home restored before the buy moves in.
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Anna M Brocco, Agent, Williston Park, NY
Wed Jan 18, 2012
Your question can best be answered your attorney; generally NYS requires the homeowner to fill out a Property Disclosure Form before closing, if the owner does not fill out the form, they are required to credit the purchaser $500 at closing--regardless disclosure, or not, did you hire a licensed home inspector to check the property, was there extensive water damage--if so you can ask your agent to renegotiate with seller and try to reach a compromise, or simply walk away. Again consult with your attorney regarding any disclosures....
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I second finding a home inspector. That way they will disclose any water damage. The seller is required to tell you about anything like this, but an inspector is usually safer. Water damage doesn't have to be a deal-breaker for the home, though-- you can always have it restored.
Flag Fri May 15, 2015
Gail Gladsto…, Agent, 11743, NY
Wed Jan 18, 2012
Seller does not have to disclose anything, they just forfeit $500 at closing.

It is important that you bring in inspection engineer.
0 votes
Unfortunately, Gail is right about this. The sellers are not obligated to disclose anything if they give you the $500 credit at closing. You should never purchase a property before getting an inspection. If they lied about the water damage, you can certainly take them to court. Otherwise, I am afraid that you might be out of luck. I would suggest consulting your real estate agent or an attorney.
Flag Mon Jan 26, 2015
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