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Every house has some "quirks", and some have material defects that may affect the sales agreement or the asking price. Placing a less-than-perfect house on the market is fine as long as you and your real estate agent give the buyers information on any "hidden defects".
Most litigation in real estate transactions involves the buyer suing the seller for failure to disclose a problem. Whether it is a leaky roof, dry rot, plumbing or heating problems, or a wet basement, most courts do not apply the "let the buyer beware" rule to real estate transactions. Even if the buyers had a structural inspection and you sold the property "as is," you may be held responsible for undisclosed defects.
Sellers have an obligation to disclose both obvious and hidden defects. Courts have not been sympathetic to sellers who have lived in a house and are in a position to know what works and what doesn't, but do not fully reveal the facts. This is one area where honesty is the only policy. Ask your agent for help if you are unclear about any aspects of the disclosure form.
John Bendall RE/MAX Classic Group Branchburg office- 3322 Rte 22 West Suite 908 Basking Ridge office- 47 S. Finley Ave West Milford office- 1499 Union Valley Rd Office: 908-895-1898 Fax: 908-231-7799 Email: john@bendallgroup.com
John Bendall is the owner/broker of RE/MAX Classic Group with 3 offices in New Jersey. (Branchburg, Basking Ridge and West Milford)John started Classic in November 2005 and it has grown from 6 agents to over 75 of the best agents in New Jersey.
One of real estate's biggest fans, John soaks up all the knowledge he can about every facet of the industry bring his agents all the cutting edge tools to help them meet all their clients needs. Call or email today, and we will help you achieve your Real Estate goals. Performance always Outsells Promises!
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