Sellers disclosure?

Question

Seller provided a sellers disclosure and we called him out on a few things that were apparently not correct. I got a copy back from my "AGENT"(used lightly) and all the issues we brought up were ADDED to the original. Is this acceptable?

Answer 1

As a listing agent I instruct my clients to be as truthful as they can be. Either answer yes, no, or dont know. Never answer any question you do not understand until the nature of such a question has been properly explained. As a buyers agent I go over it with the buyers and every question on it I verify for them, personally. I never change answers and work from a copy of the original. One of the agents dutys is to verify all conditions of a property known or otherwise. Most agents fail miserably at this and enjoy knowing most people dont know about recourse. When buying a home the disclosures and inspection are your main safe harbors and need to be explained and acceptable before removing a financing contingency. Most problems I face when reviewing a sellers disclosure form is that the seller didnt understand the question and the sellers agent couldnt explain the question properly. I cannot, nor can any agent, ever tell the seller which answer to select. We can however explain the nature of the question and inform the seller all questions are subject to independant confirmation. If a simple mistake is made a seller can change the answer and initial the change before a deal has been made. I always have a sellers disclosure form completed before taking the actual listing. The only exception is when I'm selling a REO property or an estate where the seller never lived in the property. There is only 1 original and thats the one all partys should be using.

Answer 2

It could be that the seller didn't actually live in the house, may be it was their parents or what not. They might not have known about the issues until you brought them up. (Just a for instance). If this is not the case, then it would seem they were either deliberately not disclosing or they were unaware. Anything you brought up that needed to be disclosed must be put on the disclosure. As far as being able to sue the broker, I don't think so. There broker didn't attempt to deceive you. A real estate agent, if they have any knowledge of any conditions, must disclose them. If the seller's never tell the agent, the agent doesn't know anymore than what is on the disclosure.

Answer 3

Sure it is. It can be added to and subtracted from at any time. If there was a faulty sink, for instance, and it was fixed, then it can be removed from the disclosure statement. Just as long as you have a copy signed and the changed/added issues were intialed by the owners.

These seller's disclosures were put into play years ago when the realtors decided they were tired of going to court over issues a seller wouldn't divulge. Hey, maybe an insurance company made this up because they were tired of paying claims. Either way, it puts things out where they belong, even though there are loopholes in everything. But its the best thing we have for the meantime.

It sounds like this one calls for a Home Inspection (even though home inspectors are not liable for mistakes, read the fine print).

Be careful of this seller, by the way, I see red flags when it comes to their honesty. Buyer Beware!!

Answer 4

i'd not in any respect purchase a house and not in any respect using a sellers disclosure. If there is not any sellers disclosure than this releases the supplier of all criminal accountability once he sells the abode. this suggests the supplier isn't disclosing to the customer if there is something incorrect with the abode. some states require a sellers disclosure earlier the belongings is offered.

Answer 5

Absolutely not. It is unethical and highly illegal. You are due full recourse under your state law. Also, get a good lawyer and sue the real estate broker too. You got some cash coming to you, pal.

Answer 6

Move on it sound like you get only disclosed what you find.