How forthcoming should you be as a seller?

| Aug 10, 2020 | Real Estate Law |

Ideally, you will inspect your Florida home prior to selling it to look for any obvious issues that it might have. For instance, if you see water stains, missing roof shingles or mold, you should let a buyer know about it. You may also want to tell buyers about any problems that exist in the neighborhood.

Don’t worry about what you don’t know

If the home’s new owner finds a problem with the house that you weren’t aware of, it generally isn’t your problem to solve. However, don’t assume that you don’t have to disclose an issue with the house just because it rarely occurs. For example, if the roof leaks when it rains, don’t omit that in a disclosure report just because it doesn’t rain often in your area.

The buyers will do their own inspection

As a general rule, a buyer will perform an inspection prior to following through on an offer to purchase your property. After looking at the house, this person may have questions about the condition of the home. It is important that you are open and honest about any attempts made to cover up water damage, mold or other potential problems.

Acknowledging efforts to mask the presence of these or other defects doesn’t mean that the deal will fall through or that you are obligated to fix anything. However, not acknowledging attempts to mask a defect could be used against you in court.

Being transparent during the home sale process may enable you to complete a transaction in a timely manner. At a minimum, it may minimize the chances of a legal dispute taking place. If you have any questions about your rights and responsibilities as a seller, it may be worthwhile to talk to a residential real estate attorney.