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by deodar 1687 days ago
If you are working with a real estate agent they can pull the disclosures before you make the offer. I am not sure how it works for no agent sales.

Also the disclosures have copious language to the effect of "To the best of sellers' knowledge" and "Buyer agrees to do their own research". I think this is supposed to indemnify the seller.

1 comments

I was working with an agent and I barely was able to get those disclosures before closing because of the sluggishness of the seller's chosen title company. For the disclosures, you're clear if you didn't know about it, but the issue of whether you reasonably should have known about an issue remains. Just saying to the best of my knowledge doesn't clear you on that. And figuring out what you reasonably should have known can be a protracted legal argument.

Just as an example, imagine you buy a house from me that turns out to have foundation issues. Imagine I hadn't disclosed them, but I had actually filled in and painted over a number of cracks in the wall. That could possibly be construed as an effort to cover up the problem and deceive. But maybe I just thought I was making it look nice.

In short, mandatory disclosures protect the buyer, not the seller. The seller gains nothing.