Q: Most sellers disclosures are worded to say as of the date of this disclosure. My question is, does this mean that even if there was a problem with the home nine years ago, that problem still has to be disclosed? Or should it not be included? Does it matter whether or not this problem still may have the potential to arise in the future? Meagan in New Jersey

  A: The purpose of the sellers disclosure is to identify any problems that the home had or has at the present time. If there was a problem and was corrected, that needs to be noted on the disclosure.

In some states, the sellers disclosure is not mandatory and is given as additional documentation for the buyer to decide on a particular problem or to identify any issues when an inspection is conducted. Do not rely on the sellers disclosure alone, always conduct a home inspection to ascertain any defects with the home. Any and all information relevant to the home should be included in the disclosure. The more information the better for the buyer. Good luck with the sale of your home.

  A: The Residential Property Disclosure Statement should only be filled out by the owner/seller in an honest, straightforward manner. Do not pick and choose what may or may not be important to include. If you know about it, you know about it, period. If you do not know for certain, then utilize the No Disclosure option. Never knowingly say something that isnt true, and never ask your REALTOR® to say or suggest something that isnt true. If the problem (you mentioned) that occurred nine years ago was resolved, then indicate that it was repaired and offer any reciepts or documentation. Do not just pretend it didnt happen.

With this in consideration, you should consider a properly filled out Disclosure form as a type of insurance against future legal fallout over the property during the period of time during which you owned it. After all, you have told the new owners everything you know about the property and its condition during the time that you owned and/or lived in it. This is clearly a time when honesty is the best policy.

Good luck to you; whatever the problem was nine years ago, I hope that your honesty will prevent it from being a problem today!

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