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Updated about 5 years ago,
Question on Seller's Disclosure regarding Material Defects
Have a question on something mentioned in sellers disclosure on the contract. In the disclosure section, sellers 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 some leaks which was fixed two years back and there were no issues since then.”
I did the inspection and they didn’t find any issues on the report either since the roofs were dry during inspection. 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 standard to call them out as material defects even if we fixed it in the past. Should I ask our attorney to ask anything to clarify this since it's fine during visual inspection? What would be the best practise in such a scenario to make sure this won't be an issue once we move in.
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.”