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Do home sellers have to disclose potential issues?

On Behalf of | Mar 19, 2021 | Real Estate |

The state of Florida requires home sellers to disclose anything that might be dangerous to the new owners. This could include safety hazards, leaky roofs, mold infestations and more. If they don’t disclose this information, the homebuyers might file a lawsuit.

What do sellers have to disclose?

To avoid possible real estate disputes, sellers need to disclose as much information as possible. This could include small defects that might cause major problems in the future. For example, a seller might disclose that the home has a damaged pipe or a leaky roof. They should also notify potential homebuyers about mold and mildew growth in the house.

If a buyer moves in and finds a major defect, they might hire a real estate attorney and file a lawsuit against the seller. However, they would have to prove that the seller knew about the issue and deliberately failed to disclose this information. If the seller didn’t know about the issue, the buyer can’t hold them accountable.

Either way, it’s important for the seller to write down anything that they want to disclose. Although Florida law does not specify that this type of disclosure must be done in writing, committing the information to paper is a good practice. If the seller tells the buyer about an issue but doesn’t have written proof, the buyer might claim later that the seller never mentioned it.

Are you in the middle of a real estate dispute?

Whether you’re a seller or a buyer, a lot can go wrong in the world of real estate. Maybe your buyer accused you of withholding information or your seller accused you of violating a contract. In any case, an attorney could help you resolve the problem.