Should I include everything on a Seller's Disclosure Notice?

Question

Like a crack on the patio, blinds missing, exhaust fan that rattles, etc. If you disclose these things, will the buyer assume that they will be repaired/replaced?

Answer 1

Dont be a dufus, just tell them to list it as TRUE CONDITION UNKNOWN, BUYER ADVISED TO HAVE HOUSE INSPECTED, or something like that, dont disclose anything, have the buyers inspector tell them what is right and wrong, that way if they miss something, than the buyer would be inclined to sue the inspector for having missed the defect, rather than you....dont set yourself up for a lawsuit

Answer 2

In most states, you cannot complete a seller's disclosure statement with 'sold as is', if you have lived on the property. You are obligated to disclose anything of which you have knowledge.

Blinds missing isn't necessary, since anyone with eyes can see that they are missing. A patio crack is a good idea to disclose, even if it's visually evident. Same goes for the rattling exhaust fan. When you disclose these issues, you prevent the buyer from coming back at you after the sale for repairs of non-disclosed items.

Disclosure in no way indicates any liability on your part to repair/replace prior to closing. It is merely a statement of disclosure.

Answer 3

Disclosure doesn't obligate you to anything, but is legally required of sellers in most states.

If you are using a Realtor to sell then they will provide you with a pre-printed form to complete, and it will guide the process. It outline the various components to your house and will ask you to explain any items you checked off as having some type of defect.

If you do not disclose items, especially those that cannot readily be noticed by anyone with good eyesight, you can be held liable for this later.

You can sell "as is" which simply means you are not going to fix anything, before the sale of the property. It doesn't let you off the hook from disclosing material defects that you are aware of at the time you sell.

Answer 4

sale as is and let the buyer find these things out for themselves -- draw back is they will assume there is something major wrong with the house, bad floor joists, plumbing etc. of course you could pay to have a inspector inspect the house and attach it to the disclosure notice.

normally the buyer assumes the cost for repairs that have been disclosed.

Answer 5

Yes. and make sure the disclosure says that you recommend that the buyers get their own home inspections and construction integrity and any and all inspections that would affect the health and safety of the buyers and that would show what repairs will be need and the costs and of the integrity of the construction and of the property itself. Then have your agent show in the offer, when one comes in, what you are willing to do and or pay for or credit relating to the items shown as a result of such inspections.
No substitute for honesty.

Answer 6

Yes, and the buyer may assume what ever he or she likes. I would tell them in writing that the sale is "as is." no disclosure could void the whole deal and you would be liable for damages.