Disclose or Not to Disclose....Part II?

Question

Earlier I asked the Real Estate community if they felt it necessary for me when selling, to disclose the fact that I had plumbing problems in my condo since it was built (2003) even though the builder had repaired them last July (2006) and I have not had a problem since. I was overwhelmingly encouraged to disclose with information regarding the corrections. I agree after reading the responses that I should disclose. However, the builder contracted the repairs at their expense as it was considered a warranty and they never gave me any paperwork detailing the nature of the repairs. Is there a law that says they must provide this info or some way that I can insist on getting documented evidence of the repairs? I want to have something in writing that outlines the corrections to present to a potential buyer otherwise I fear I will never be able to sell. If anyone has any suggestions for how I might go about getting such info from the builder without hassle, please advise. Thanks!

Answer 1

Almost all states are now going towards making it mandatory that a seller with or without an agent disclose any known defects known to them on the property. The states that have these requirements stipulate what must be in the disclosure and some even provide the form you must use. Your agent should help you with this.
I would feel safe if when you disclosed the issue of the builder you placed a statement in there showing their name and that the buyer should check with them.
I don't know what state you are in so I dont know how to answer the issue of wether a builder is required to provide you with the repairs done and the end result of such repair.
You might want to go to http://www.realestateformnm.com/researchindividual.aspx and research your state through the research links provided.
Best of luck to you
Best of luck

Answer 2

Interestingly, my state has no requirement for disclosure of such problems, as LONG as they have been remediated properly and no unrepaired damages remain. You do not indicate your location, so I cannot advise further.

However, it surely will not harm you to disclose, since there are no longer any problems, and you are definitely protecting yourself against any non-disclosure type of litigation down the road.