The inspector discovers surface bio-growth (aka Mold), Vermiculite insulation containing Asbestos, and many electrical hazards in the attic space and the buyer wonders why the seller didn’t disclose these issues. Does the seller have to disclose previous inspection? We have not had a mold inspection done. You’ll want to prioritize repairs that are a safety concern or legal issue. Does seller have to disclose inspection? A seller's duty to disclose his knowledge of defects does not end when he completes a written Seller Disclosure Notice during the listing appointment. If you think an inspection might uncover some problems, and you don’t want the hassle of making repairs in order to sell, consider Zillow Offers. : Failing window seals, windows and doors that don’t open and close properly, or broken panes are commonly found by inspectors. Sellers have the ongoing duty to disclose any defects revealed in those reports. What does the Residential Real Property Disclosure Act require me to disclose? Bad Home Inspection for Sellers: Common Causes and Reasonable Repairs. Finally, even if your state doesn’t require a pest inspection, it’s possible that your individual county does. As we mentioned above, buyers are often amenable to a repair credit. Leaky pipes (and resulting water damage), failing water heaters, and sewer system problems are some of the most expensive. You’ll want to keep the deal moving forward if at all possible, since if the deal does fall apart, you’ll have to disclose the findings of this first report if you re-list your home, and you could risk scaring off a future buyer. In some states, like Arizona, such a disclosure is required of the seller. California Civil Code section 1102.1 which pertains to the disclosure obligations of a seller who owns real property states: “(a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the real estate disclosure statement, as specified in Section 1102.6. First, what obligation does a seller have to disclose defects in a house to a buyer? Sellers have to have their homes inspected for this purpose if the home was built prior to 1976. Your real estate agent is a big resource here, as they should have negotiation strategies that help buyers and sellers meet in the middle on repair requests and come up with reasonable solutions. Sellers are often caught by surprise when a buyer’s inspection report comes back with a long list of repairs, even if the home isn’t very old. About the Author . Again, it depends on the market and your specific contract. Do You Have to Disclose an Inspection Report Today I’m talking about an issue that comes up very frequently in our business, and that issue is the question of whether a seller and the broker who lists that seller’s home is required to pass onto to subsequent buyers an inspection report that was done by … Return to Zillow.com. If you do a pest inspection, you’ll have to disclose the results to buyers and fix any problems immediately. A good example would be termites in a home. Additionally, the seller must disclose its condition. Florida case law provides that, with some exceptions, a home seller must disclose any facts or conditions about the property that have a substantial impact on its value or desirability and that others cannot easily see for themselves. Claims examples are for illustrative purposes only. How about mould behind the walls? Does my buyer have to turn over his inspection report to the seller when requesting repairs? 4th 1188.” (Emphasis added). You can ask your agent about your state’s requirements, and HomeLight also has a list of the real estate disclosure forms for every state so you can easily see what the rules are for your area. To answer these questions, you have to understand the different between patent and latent defects. One does not get penalized in California by over disclosing matters pertaining to a listed parcel. Buyers choose their own home inspector, and occasionally a seller will feel like the report is incorrect or exaggerated. however he is required to disclose any known issues with the house including those that came up during the previous inspection. As a seller, it’s important to prepare yourself for the home inspection process, and to know how to negotiate after a home inspection if it comes back with some not-so-great news. If you’re working with an agent, it’s best to have them attend on your behalf. It’s your legal duty as a seller to disclose this information, even if it means losing profit off of the sale. For example, the seller has not been up into that dusty old attic in 20 years. Learn more, .subnav-back-arrow-st0{fill:none;stroke:#0074E4;stroke-linecap:round;} Typically, the buyer pays for their own inspection, and can use a licensed home inspector of their choosing. Thank you. Depending on the terms of your contract, the buyer may do one of three things after receiving the inspection report on your home: Don’t panic if you receive a bad home inspection. And remember, they want to buy your house! buy or renew It will only cost you a few hundred dollars, and it gives the buyer peace of mind in case any issues come up in the first year after closing. The result is a home inspection report, which details the current condition of the home and alerts buyers to any major issues. Federal law requires sellers to disclose the presence of any known lead-based paints in the home, provide the buyer with an EPA-published pamphlet on lead-based paint, and get and keep a signed statement from the buyer saying that these disclosure requirements were completed. The Legislature intended the statement to be used by transferors making disclosures required under this article and by agents making disclosures required by Section 2079 on the agent’s portion of the real estate disclosure statement, in transfers subject to this article. Mr. McCutchan’s practice is primarily civil litigation with an emphasis in defending professionals and businesses in real estate, mortgage brokering, construction, banking and agricultural industries and all phases of dispute resolution through trial and appeal. Buyers shouldn’t expect the house to be flawless. As a seller, it’s important to prepare yourself for the home inspection process, and to know how to negotiate after a home inspection if it comes back with some not-so-great news. Such prior reports are material to the desirability and price paid for a property by a willing buyer. Many states require sellers to disclose any known material defects about their home to buyers with formal paperwork, including a history of mold or fungi and whether it was professionally remediated. Sellers who know they have lead paint in their home and fail to disclose it can be held liable for up to a decade, and they can be sued for triple the cost of damages suffered, so always disclose what you know about lead paint in the home. Their job is simply to inspect and report their findings, and then let the buyer come to their own conclusion. * About Massachusetts law: Private, individual sellers of residential properties in Massachusetts DO NOT have to voluntarily disclose defects like mold infestation, termites or water leaks. The seller’s representative doesn’t have to disclose patent defects to you, as these items can be found during a home inspection or are visible to the potential buyer’s eye. The offer will account for any needed repairs or updates ― but we’ll do all the work, so you can move onto closing quickly. The seller’s representative doesn’t have to disclose patent defects to you, as these items can be found during a home inspection or are visible to the potential buyer’s eye. App. You also have to know about psychological stigmas and the duties of the seller and the real estate agents involved. : The most common electrical issues include wiring that’s not up to code, frayed wiring, or improperly wired electrical panels. In transfers not subject to this article, agents may make required disclosures in a separate writing. : This is a serious issue, and something you should be especially cautious of if you’re selling an older home. Have questions about buying, selling or renting during COVID-19? The amount and type of credit you offer to the buyer varies based on the level of repairs needed, but you’re in good company —. Most buyers request a home inspection when buying a home so they can avoid spending thousands (or more) in unexpected repairs after closing, and to protect themselves from overpaying for the property. 2. If you have a home inspection contingency in place, ... but you may be legally required to disclose the issues found during the home inspection to any future buyers. Does my seller have to provide to subsequent buyers a previous buyer’s inspection report from a sales contract that did not close? The Legislature did not intend to affect the existing obligations of the parties to a real estate contract, or their agents, to disclose any fact materially affecting the value and desirability of the property, including, but not limited to, the physical conditions of the property and previously received reports of physical inspections noted on the disclosure form set forth in Section 1102.6 or 1102.6a, and that nothing in this article shall be construed to change the duty of a real estate broker or salesperson pursuant to Section 2079. In some cases, it may make sense to consult with your agent and weigh the pros and cons of the costs of repairs versus letting the buyer walk and. It’s up to you to do your own research and ask specific questions. However, it can be difficult for sellers to challenge the inspection as a third party, since the relationship in question is between the buyer and the inspector. Performed by a licensed professional home inspector, a home inspection is a comprehensive review of the home that’s for sale, based on a visual evaluation and testing the home’s systems and components. Whether you’re able to sue the inspector depends on state laws. Court decisions in California for decades make it very clear that sellers (and their real estate agent) have the duty to disclose prior inspection reports on a listed parcel that are in the possession, custody or control of the seller regardless of who initially paid for the report. Note that buyers who are getting cold feet will sometimes use the inspection as an excuse to back out, even if the report only finds minor issues. Before you go too far down the path of arranging for seller repairs after the home inspection, it’s important to separate reasonable buyer requests from unreasonable ones. If the seller strongly believes the information in the inspection report is incorrect, the seller could have another inspection performed. Over the years, I frequently come across risk management inquiries involving whether a seller and his or her listing agent need to disclose prior property inspection reports of the property being listed for sale.