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Updated over 1 year ago on . Most recent reply

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Adam Cazzolla
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Seller's Disclosure - Is it ok for a Seller to leave any question unanswered?

Adam Cazzolla
Posted

Hi all,

I just had an offer accepted on what could be my first investment property.  On the Seller's Disclosure form, many of the questions remain unanswered, such as, "Do you know of any previous/current presence of any wood destroying insects/termites in or on the property or any existing damage to the property caused by wood destroying insects/termites?".

The heading at the top states "THE FOLLOWING STATEMENTS OF THE OWNER ARE BASED ON OWNER'S ACTUAL KNOWLEDGE"  and all questions are phrased as "Do  you know of...".

I would think all questions would need to be answered.  Or is an unanswered question seen legally the same as answering "No"?

Thanks in advance for your help!

  • Adam Cazzolla
  • Most Popular Reply

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    Theresa Harris
    #3 Managing Your Property Contributor
    11,253
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    Theresa Harris
    #3 Managing Your Property Contributor
    Replied

    I know for one of my rentals when I sold it the realtor crossed out a bunch of stuff and simply said I didn't know as it had been a rental.  If you check 'no' and there are, then I can see a buyer suing the seller.

  • Theresa Harris
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