A seller contacted a real estate agent to act as the seller’s agent in a residential home sale. At various times over the years, the seller would notice water intrusion in the front door area. The seller would make repairs himself by re-caulking the front door and window area.
The leaking and repair cycle occurred three or four times in total, 但这个问题从未完全消失. The seller viewed the repairs as simply a home maintenance issue. The seller never hired a contractor to investigate and fix the problem. 房屋成交一个月后, a fierce rainstorm produced significant leaking in the front door and front window area of the home.
披露一个“已修复”的问题?
The seller’s disclosure notice asks if the seller is aware of any defects in the roof or windows, 在许多其他领域的财产. The seller asked the real estate agent whether the past leaking and repairs needed to be disclosed, telling the agent that the leaking had last occurred about two years ago but had been fixed. The agent advised the seller that if the past leaking was fixed, 那就不需要披露了. 买方起诉卖方, and the seller filed a third-party complaint against the real estate agent alleging that the agent had instructed the seller on how to complete the disclosure form.
不要在信息披露问题上发表意见
The seller’s disclosure notice says the seller acknowledges that the statements in the notice are true to the best of the seller’s belief and that no person, 包括经纪人, has instructed or influenced the seller to provide inaccurate information or omit any material information.
在这种情况下, 代理人发表了意见, 即使不是明确的，也是含蓄的, 向卖方说明什么是合格的缺陷. This opinion was given in good faith with no intent to hide information or trick the buyer. 不过, the agent did not think clearly about what was being said and whether a repeated problem that has been “fixed” is close enough to a defect or whether to advise the seller to seek specific legal or a contractor’s advice.
After lengthy litigation, the seller settled with the plaintiff-buyer for a substantial sum. The real estate agent made a modest contribution to the settlement via the agent’s insurance carrier after their deductible was exhausted on legal fees.
考虑你的选择
在理想的情况下, you should not get involved at all in the seller’s completion of the seller’s disclosure notice unless you know of an undisclosed defect. It is the seller’s responsibility to complete the document.
The Texas Real Estate Commission says to review the seller’s disclosure notice to make sure the seller has answered all questions and has filled in relevant information. 如果卖家留下了一些未公开的物品, you should ask the seller to complete the missing disclosure items. If the seller is unwilling to disclose known defects, you and your broker should decide whether this is a listing you wish to market, 因为这可能违反了法律.