Friday, March 11, 2011

When Should Buyers Receive Seller's Disclosure?

In our area, agents like myself, can post the Sellers' Disclosure on the MLS system so that other agents can pull it up and share it with prospective buyers. Buyers appreciate candid and complete disclosures. The time for the buyers to receive the disclosures and any reports you have on the property is before they make an offer. This way you minimize the chance that the buyers will try to renegotiate the contract price after they complete their inspections.

If the buyers' inspector finds some problems and they have to come back to you as the seller and question the disclosure of the problem, the buyers feel and question what else did you not reveal to them as a seller?

Don't withhold reports on your property. One seller had two termite reports on his property. One was better, meaning that it recommended fewer repairs. This report was given to the buyers; the other was not.

The buyers wanted a second opinion, so they ordered a termite inspection from another company. Coincidentally, this company had done the second report on the property for the seller. When the buyers learned of this they sued the seller and won.

So just be careful and as your consultant to you the seller, we will guide you in disclosing the material facts on your house. Email us with questions.

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