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Post by shanniebananie on May 24, 2016 19:57:05 GMT
A relative has sold her house and she is due to close the sale in a few weeks. They now have a major leak and have to have the bathroom floor dug up to repair it. Her agent also represents the buyers. Repairs will be completed before closing. Do they have a legal obligation to disclose this to the buyer? What about a moral one?
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Post by mikklynn on May 24, 2016 20:01:02 GMT
I don't know about legal if they repair it, but I would absolutely disclose it. It's the right thing to do. As long as they do a repair, it shouldn't be a problem.
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Kerri W
Pearl Clutcher
Posts: 3,770
Location: Kentucky
Jun 25, 2014 20:31:44 GMT
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Post by Kerri W on May 24, 2016 20:02:30 GMT
Our seller's disclosure technically states "date of purchase to date of filling out this form" but we would highly encourage sellers to make the buyers aware and provide receipts.
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Deleted
Posts: 0
May 19, 2024 16:43:57 GMT
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Post by Deleted on May 24, 2016 20:07:26 GMT
The right thing to do is let the new buyers know.
As for digging up the floor to fix the leak - I had a friend who had a leak in the their kitchen floor in the water line from the water heater to the faucet. Instead of digging up the floor they capped the pipe and put in a tankless water heater under the kitchen cabinet. They saved THOUSANDS of dollars going this route.
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perumbula
Pearl Clutcher
Posts: 3,439
Location: Idaho
Jun 26, 2014 18:51:17 GMT
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Post by perumbula on May 24, 2016 20:09:56 GMT
In my state they do have to disclose. The fact that they are having the issue repaired shouldn't be a problem with the buyer, but it's the buyers right to know.
If you don't disclose it and the buyer finds out later, they can sue for damages.
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Deleted
Posts: 0
May 19, 2024 16:43:57 GMT
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Post by Deleted on May 24, 2016 20:11:48 GMT
Whether they have a legal obligation probably varies from state to state. I don't believe disclosure laws are uniform.
Regardless, I think they have a moral obligation. Also, it would be considerate to let the buyers select the new flooring, as long as they select something insurance will cover.
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Post by Merge on May 24, 2016 20:16:19 GMT
This actually happened to us last year! Huge leak in the secondary bathroom a week before closing. We did disclose it, and provided receipts for the repair work done because it was warrantied.
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Post by FLA SummerBaby on May 24, 2016 20:52:57 GMT
I don't know about legal if they repair it, but I would absolutely disclose it. It's the right thing to do. As long as they do a repair, it shouldn't be a problem.
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Post by kellybelly77 on May 24, 2016 23:26:11 GMT
We knew we had a hole in the sewer line under our basement and had 2 quotes to fix it. We told the 3rd guy that we were thinking about selling the house so we wanted to fix the sewer line in advance of that. He told us not to fix it and just hope that it isn't found on inspection which it probably wouldn't be. It wasn't the main sewer line and he said it probably wouldnt be looked at. We were like, what?!?! You want us to lie? He said people do it all the time. If it was found at inspection, feign ignorance and just fix it then.
Needless to say, we went with another company and had it fixed. So yes, I would tell the buyers about it!
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Post by auntkelly on May 24, 2016 23:30:46 GMT
i would tell them now. They will notice sooner or later that there is a new floor in the bathroom.
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Post by denda on May 27, 2016 13:27:44 GMT
I would have to tell for moral reasons. I couldn't live with myself if I didn't.
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YooHoot
Pearl Clutcher
Posts: 3,417
Jun 26, 2014 3:11:50 GMT
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Post by YooHoot on May 27, 2016 13:39:46 GMT
I can't think of a reason why you wouldn't disclose it unless you are not planning to repair it and then that makes you (general you) a douche canoe.
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Post by Spongemom Scrappants on May 27, 2016 13:47:52 GMT
I can't think of a reason why you wouldn't disclose it unless you are not planning to repair it and then that makes you (general you) a douche canoe. I agree. Why wouldn't you tell? You're fixing it. Also, it would be considerate to let the buyers select the new flooring, as long as they select something insurance will cover. And I think @busyopea is on target. That makes the buyers part of the solution and would go a long way toward helping them feel good about it.
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Post by jamh on May 27, 2016 13:50:53 GMT
In my state they do have to disclose. The fact that they are having the issue repaired shouldn't be a problem with the buyer, but it's the buyers right to know. If you don't disclose it and the buyer finds out later, they can sue for damages. This is true in my state, too. They should get the repair work done, get an inspection, and tell the buyer.
A dear friend of mine is being sued for Deceptive Trade Practices because although she had a shower pan problem repaired, she didn't get it inspected nor did she tell the buyer. Apparently the problem wasn't repaired correctly, so the problem returned after the buyers moved into the home.
The trial started this week, and so far my friend is out $10 grand for a lawyer!
jamh
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Post by LilyRose on May 27, 2016 15:44:55 GMT
Did your relative make an insurance claim? If so, the buyer's insurance agent (if he/she checked) would be able to see it. Hence, it would look pretty shady if they found out about it later without being told.
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Post by jumperhop on May 27, 2016 16:03:04 GMT
We sold a house last year and had a leak in one of the Windows a few months before we sold it. We had a legal obligation to tell the buyers. I am not sure why anyone would want to keep this from the buyers. I would be paranoid something would go wrong down the road and I would get sued. Always best to be honest and disclose every little detail. Jen
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Post by gritzi on May 27, 2016 16:32:47 GMT
Disclosure legalities might vary from state to state. Absolutely I think the seller should disclose the leak to the buyer.
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Deleted
Posts: 0
May 19, 2024 16:43:57 GMT
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Post by Deleted on May 27, 2016 17:20:12 GMT
The golden rule applies.
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