There is no reason for sellers to stress about accurately and completely filling out disclosure statements.
To disclose or not to disclose — that is the question. Actually, that isn’t the question. There should be no question in a seller’s mind whether to disclose an item or not. The short answer: If you’re aware of an issue, disclose it.
But first let’s talk about what exactly a disclosure is, and why, as a seller, it can be your best friend. Continue reading →
This very interesting case is a mixed bag of “he said, she said” accusations and statements. All in all, when selling your home it always pays to DISCLOSEEVERYTHING of past and present conditions, whether “latent” or “evident” and when buying a home, have thorough inspections while reviewing all paperwork from seller carefully.
In this specific case, the buyer sues the seller and agents for negligence and failure to disclose, withdraws suit to seller and buyer agent and keeps statutory failure to tell seller of defects in home since agent was selling same home for 2nd time after current seller bought home. Agent is awarded sanctions or damages for attorney fees in counter suit against buyer for incorrect lawsuit since the disclosures were provided to buyer by agent.
The following article was provided by California Association of Realtors, Real Legal Department. Continue reading →