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Tafkam Hokie

Joined: 10/07/1999 Posts: 35179
Likes: 13640


Is disclosure vs. disclaimer still a thing in real estate?


I remember one house I sold, I had a lengthy discussion with the realtor about whether to sign "disclosure" paperwork, or "disclaimer" paperwork.

Disclosure meant you have to list everything you know of that is an issue or potential issue with the property. Buyers like it because it limits the surprises. But it can create a legal quagmire for the seller since it is basically you giving a legal warranty that the ONLY things wrong with the property are what you listed.

Disclaimer is a legal version of IIWII. Full responsibility is on the buyer to do a walkthrough and home inspection and negotiate any repairs. But once that is done and the house is sold, it is strictly as-is.

In either event, an issue like yours carries 100% clear legal responsibility. If there was disclosure and these issues weren't disclosed, seller is legally responsible. If there was disclaimer and you didn't find the issue until after buying the house, too-bad-so-sad it's your problem now.

(In response to this post by HokieMacDaddy)

Posted: 05/22/2019 at 8:06PM



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Current Thread:
 
  
Litigation rant -- HokieMacDaddy 05/22/2019 1:54PM
  Define -- RTFC 05/22/2019 8:42PM
  I have proof Previous owners of my house -- HOKIE 05/22/2019 6:07PM
  Obviously no walk thru before closing! Your Bad! :) ** -- grill to chill 05/22/2019 4:03PM
  Right, cos we're that stupid -- HokieMacDaddy 05/22/2019 4:14PM
  Again, your opinion -- HokieMacDaddy 05/22/2019 4:52PM
  I have listened, I just don't agree -- HokieMacDaddy 05/22/2019 5:08PM
  What you have listened to -- RTFC 05/22/2019 6:29PM
  I understand why he is upset -- RTFC 05/23/2019 10:54AM
  Beyond a reasonable doubt? ** -- RhinoVT 05/22/2019 5:26PM
  Then I really don't understand what your point was ** -- HokieMacDaddy 05/22/2019 5:13PM
  Because the owners never made a claim -- HokieMacDaddy 05/22/2019 3:38PM
  Curious what you would have done differently ** -- HokieMacDaddy 05/22/2019 3:37PM
  Couple questions -- RTFC 05/22/2019 3:03PM
  "They had multiple reports..." -- Beerman 05/22/2019 5:07PM
  That's wrong too -- HokieMacDaddy 05/22/2019 5:11PM
  That's probably why you're not an attorney -- HokieMacDaddy 05/22/2019 4:02PM
  You're wrong -- HokieMacDaddy 05/22/2019 4:18PM
  It is all in the details... -- RTFC 05/22/2019 3:48PM
  No - they definitely had duty to disclose ** -- HokieMacDaddy 05/22/2019 3:45PM
  No inspection prior to closing? ** -- PhotoHokieNC 05/22/2019 2:35PM
  Good luck. ** -- PhotoHokieNC 05/22/2019 2:38PM
  "Moose, Rocco, help the judge with his wallet" ** -- Brown Water 05/22/2019 2:21PM
  Sure, but how do you force them to? -- HokieMacDaddy 05/22/2019 2:25PM
  $10-20k is cheap. In failure to disclose litigation..... -- CrystalCoveHokie 05/22/2019 2:15PM

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