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Does a Repair List given to the Seller need to be disclosed?

The Inspection Report was never given to the Seller, only a Repair List.
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November 23 2013 - Houston
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Answers (9)

You only are require to disclose know defects.  A buyer can ask for a lot of things but that does not mean that the items is not functioning.  For example, one buyer asked my seller to replace the dishwasher because of the age of the dishwasher.  The dishwasher was operating fine and in the example, you would not need to disclose that the dishwasher was in need of repair.

Also to be clear you do not have to disclose a repair list, but if you install anything new, I would itemize the new items for the buyer.
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December 09 2013
If the Inspection on the property is paid by the Seller with in two years. It is to be attached to the Sellers Disclosure of the property if the sellers are selling the home with a Realtor is a must. The Seller owns the report but is attached to the Sellers Disclosure. And most good sellers will attach a list of items that were corrected on that list.

If the Buyer pays for an inspection when the home is under Option Pending - during their time to do any thing they would like to see- If they are getting a home of their liking.
    That inspection report is the property of the buyer.   If the buyer is requesting that a certain item is to be fixed the buyer has to show by a licensed inspector that there is a problem with backing from the inspection report. Even though the item might be a safety issue, or not,  the seller has the opportunity (OPtion) to fix the item, OR  NOT fix the item. If the Buyer ask for the report to be sent to the seller and the seller receives said report then and then the Sellers disclosure should be rewritten which falls in the two years. If you want me to finish this call me.

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November 25 2013
I think it depends on the repair.
All disclosure is good, but there could be a difference in opinion on what is needed, what is a safety issues, what is a defect and what is just a wish list.

What's your concern?
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November 24 2013
Most repairs need to be justified by an inspector's report to be valid. However, it would be a good idea for the seller to make the repairs, but they are not required to. I would disclose the repair list, but they are not required to because the repairs, depending on the nature of them, may be a matter of preference from the past buyer.
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November 24 2013
If after home inspection, a list of repairs given to the Seller and agreed to be completed by the seller prior to closing, are noted on the Property Inspection Notice and Disclosure, the mortgage companies like to see what repairs are being asked for.  

However, the repairs request by the buyer and agreed to complete by the seller may be non-structural or mechanical in nature and therefore, not affect the value of the property.

If they are of a nature or a safety hazard, structural or mechanical defects, and the repairs are made by the seller in a workman like manner, then the property at this point would have no defects. 

If the property does go back on the market, all repairs were completed and there is nothing to disclose.  
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November 24 2013
If the seller gets a repair list and the deal fall through and the seller then makes the repairs listed in the repair list they were given, there is no need to disclose anything since it was repaired. So there is a way to avoid disclosure in the future - you fix it.
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November 24 2013
Every state has different requirements.  In PA when a list of repairs is submitted to the seller we are required to also give them a copy of the inspection report.  In that chain of events there is no way the seller can avoid disclosure in the future.

I suspect you had an inspection and after receiving the list of repairs you are not moving forward with that buyer.  Next comes the question - "what do I have to tell a future buyer"?  Since you did not physically see a written inspection report are you obligated to disclose anything?

In my state "technically" you might not.  However, in my state you also have to disclose what you have knowledge of.  It does not specify how that knowledge was attained, written, oral or a formal report.

You have been given a punch list.  Go to work on the punch list. If it came up once it will come up again.  Better you fix it before the next buyer comes along and then it is a non-issue.  You still have to say xyz was broken but I fixed it. 

To avoid the possibility of a future lawsuit I would recommend that you disclose.  What do you disclose?  Items that are material in nature.  Roof, mold, structure, failing systems, water intrusion,etc or anything which might not be seen by observation.  A broken window is pretty obvious.  A structural problem may not be.
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November 24 2013
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If I were a seller and received a repair list and then the particular sale did not go through, I would consider myself notified that there were certain issues with the house.   I no longer can claim ignorance so would disclose the item(s).    I don't like to be on the receiving end of lawsuits (or even the initiating end).


Our standard in selling  is that we have an inspection before putting the house on the market.  If major items are discovered we repair them before putting the house on the market (or discount the price and disclose them).   Buyers are given our inspection report, our follow up and actions.   They are welcome to hire their own inspector and usually do.    Every time we've followed this approach, there have been a couple of small items identified by the buyer's inspector but most of them are inexpensive.  We do them just to keep the buyers happy.
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November 23 2013
A good rule of thumb is when in doubt, disclose, disclose, disclose...

Naima
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November 23 2013
 
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