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Sellers are obligated by law to disclose
all known material (important) facts
about the property to the buyer.
law requires that you disclose material facts
about the property whether or not you are asked
by the buyer or a real estate agent, or when
asked to complete a disclosure form. There are
also some very specific seller disclosures that you
are required by statute to make. For example,
sellers are required to disclose information on
lead based paint in homes built prior to 1978,
and if the property is in the vicinity of a military or
public airport. You may also be required to
complete and record an Affidavit of
Disclosure if you are selling property in
an unincorporated area of a county.
“...you have a duty to disclose
the information, regardless of
whether or not you consider
the information material.”
If the buyer asks you about an aspect of the property,
you have a duty to disclose the information, regard-
less of whether or not you consider the information
material. You also have a legal duty to disclose facts
when disclosure is necessary to prevent a previous
statement from being misleading or misrepresented: for
example, if something changes. However, a seller
does not generally have a legal obligation to correct
defects in the property, as long as the defects are dis-
closed. Any correction of the defects is a matter of
contract negotiation between you and the buyer.
If you do not make the legally required disclosures, you
may be subject to civil liability. Under certain circum-
stances, nondisclosure of a fact is the same as saying
that the fact does not exist. Therefore, nondisclosure
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