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If the sellers concealed a known defect, you can sue for fraudulent misrepresentation. You will have to prove that they actually concealed the defect, as opposed to having perhaps been unaware of it.
In the United States, a seller disclosure statement is a form disclosing the seller's knowledge of the condition of the property. The seller disclosure notice or statement is anecdotal and does not serve as a substitute for any inspections of warranties the purchaser may wish to obtain.
By contrast, Massachusetts does not require sellers to provide a disclosure form or statement to potential buyers. If you work with a real estate broker or agent, he or she may ask you to complete a statement that will include a provision that indemnifies the broker or agent for any misstatements or errors on the form.
We called our buyer's agent and she went to the seller's agent. Apparently, they gave us the wrong disclosure statement.And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.
To hold a seller responsible for repairs after the closing, a buyer must prove that the seller withheld material facts about the home's condition. A seller is unlikely to be held liable for repairs after the close of escrow if the seller disclosed all known defects to the buyer.
What does seller disclosure mean? In real estate, disclosures refer to the seller's legal obligation to reveal known defects about the home or property they're selling. A property disclosure statement is the actual documentation of a seller's disclosure.
Appliances. roof, foundation, and other structural components. electrical, water, sewer, heating, and other mechanical systems. trees and natural hazards (earthquakes, flooding, hurricanes)
Property disclosure statements essentially outline any flaws that the home sellers (and their real estate agents) are aware of that could negatively affect the home's value. These statements are required by law in most areas of the country so buyers can know a property's good and bad points before they close the deal.
A seller is supposed to be truthful when answering the disclosure statement for the buyer.And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.