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Disclosing Home Defects: Sellers' Responsibilities If they forget or refuse, the sale is not valid. If a new home buyer discovers a material defect that the seller failed to disclose before the close of the sale, the law may give them the right to cancel the transaction.
ORS 105.464 sets forth a form of disclosure statement that, subject to limited exceptions, all sellers of Oregon residential property must complete. The disclosure statement consists of 50+ questions about the property being offered for sale.
Consequences For Failing To Disclose Issues With A Property The buyer could cancel the sale or even take legal action against the seller if an issue comes up after the sale closes.
A seller can be sued in some circumstances If a seller lies when making required disclosures about the house or if the seller is dishonest in their listing, there are certain circumstances in which the seller could potentially be sued.
If you knowingly fail to disclose details about your property that you're required to share with a prospective buyer by law, there are a few things that can happen. The buyer can cancel the sale and you could get charged a fee.
Failure to disclose can result in legal action, including breach of contract claims and fraud claims. The consequences of failure to disclose can be significant, including financial damages and even the termination of the transaction. In some cases, failure to disclose can result in criminal charges.
If you think they're lying, and they falsified the disclosure report, you can bring an action under the RRPDA (within one year of closing) or sue for fraud in state court. If you win the lawsuit, the sellers must pay the cost of repairing the defect, plus court costs and possibly attorney fees.
Seller's Property Disclosure Statement In Oregon, most sellers of residential property are required to fill out, sign and deliver to prospective purchasers a statutory property disclosure form. The form, which covers everything from title status to dwelling systems and fixtures, is set-out in ORS 105.464.