Ask Elliott #31: Non Disclosure Cost Buyer $8,000

Elliott will answer any questions that you may have about the laws, rules or code of ethics. He never will divulge specifics of your name or company. Some questions will be posted here. Email your questions to askelliott@caplanschool.com.

I showed my buyers a listing that showed only a short history.

When I looked up all prior history on MLS showed it had been listed for over a half a year, sold and bom, then expired then relisted as a totally new listing.

My clients saw it and liked it. The listing agent was aware my clients were first time homebuyers and wanting to get in under the deadline for the 8000 tax credit. He had the sellers fill out a disclosure which he posted on MLS and made available to us, but was not signed or dated. The disclosure showed no problems the seller was aware of.

During our home inspection the seller mentioned she “hoped this one wouldn’t fail like the last one”. Further questioning revealed the former contract had, according to the seller, fallen apart because her home had “failed” although she wasn’t sure why or so she said.

My buyer’s home inspection revealed major flaws such as the central air was not working, and that the house had polybutylene pipes throughout the whole home and that there was standing water in the foundation-

Was the other agent compelled to disclose this, or at least that the prior sale had not gone forward due to issues found during a former home inspection?

Thanks!

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