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Updated about 5 years ago,
Seller disclosure for roof leaks
Have a question on something mentioned in sellers disclosure on the contract. In the disclosure section, seller mentioned that “they are aware of leaks or material defects in the roofs, ceilings or chimney”. In the additional comments section, they mentioned “there was a toilet leak from top floor to the roof below which was fixed two years back and there were no issues since then.”
I did inspection and they didn’t find any issues on the report either. My question is - material defect definition in the contract (provided below for reference) specifies sellers to call out any conditions “unless seller believes that condition is corrected”. If they think it’s fixed why are they disclosing it as a material defect? Is it because they think there are no issues but not sure if it’s fully corrected? Or is it mandatory to call them out as material defects even if we fixed it. Not getting a convincing answer from them. Should I ask our attorney to ask anything to clarify this?
Definition from contract - “material defect means a condition that would have a substantial adverse effect on the value of the residential real property or that would significantly impair the health or safety of future occupants of the residential real property unless the seller reasonably believes that the condition has been corrected.”