from Texas
Question
Disclosing a Home Inspection?
My office is listing a house which has an inspection report done a year ago. The owners do not want to make notations on the inspection about what they fixed (this is just laziness). My employer (I am a realtor but work only as an assistant...realtors have to much pressure!) said that the owners *have* to disclose the inspection to potential buyers, since it is less that 7 years old. I have failed to find any real estate law that this is the case. I know they have to disclose deficiencies and some still remain....but where is the law on this and is it true they have to disclose the inspection (is so, where is the law?) I am in Texas. Thanks!! sorry for the horrible spelling, at work trying to figure this out and all...
3 weeks ago - 3 answers
Best Answer
Chosen by Asker
Most real estate lawsuits happen due to repairs or property condition or disclosure. Your owner has written information about the condition of the property. They are allowed to translate that information themselves to the sellers disclosure notice if they want - that would be stupid to do. The easiest and most accurate way to disclose information found by a professional inspector is to simply disclose the inspection.report itself. Otherwise, when a prospective buyer has the house under contract and hires an inspector (perhaps the same inspector) and finds out information that the seller should have reasonably known, if they decide to sue, they will win. Do you know who they will sue? The seller and the brokerage. How much is your company's deductible? $2,500? $5,000? The decision as to how "risky" to be about disclosure belongs to the broker. You are the assistant, so do it the way the broker says. Let the seller know that you cannot list their house for them. All in all, the sellers disclosure is not there to dissuade potential buyers from buying the house - it's there to prevent lawsuits. When id doubt, DISCLOSE!!! They should tell about the little leak under the sink that was fixed already. They should tell about EVERYTHING.
3 weeks ago
Asker's Rating: 
Other Answers
They is a law they have to disclose any defect they are aware of, not sure if they have to provide the inspection itself.
by Ross- 3 weeks ago
Yup, they have to disclose. Heck, they should WANT to. They're crazy if they don't, because they run the risk of a nasty lawsuit.
by Ian Brett Cooper- 3 weeks ago