Question:
“My sister bought a home and later found several things wrong that the seller should have known. I read your newsletter, so I told her to check her disclosures to see if the problems were disclosed. She said she got almost no disclosures because, per her agent, since the seller didn’t live in the home they didn’t need to fill out the forms. That’s not correct, is it?”
Answer:
Well, it sounds like you know more about real estate than your sister’s agent.
Indeed, with a couple of exceptions, the seller must fill out all the normal disclosure forms whether they live there or not. They may know less about the property, but the forms generally say “to the best of your knowledge.”
The exceptions would be if they are the successor trustee or executor of an estate. In those cases they usually are exempt from many of the standard disclosure forms.
Your sister may wish to consult an attorney to determine if the seller or agents have liability for those defects.
Note: Since yours is a legal question, please verify with an attorney as I am not a legal professional.
