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Answers (7)
- Scott Killian, "Scott Real Estate"
- Contributions:375
Yes. Update the disclosure.
- Naima Sumner, "Dallas Ft. Worth PRO"
- Contributions:2847
I have never given too much faith into the seller's disclosures. The seller can put anything on them. You have to rely on your inspection and the findings and decide for yourself if you feel comfortable enough to want to purchase the home after that.
If you want the SD filled out completely, you must insist that ALL fields be completed. If they haven't lived there since september, was it vacant or did a renter occupy it.
Naima
If you want the SD filled out completely, you must insist that ALL fields be completed. If they haven't lived there since september, was it vacant or did a renter occupy it.
Naima
- boeaya
- Contributions:5
received a new seller disclosure from the seller, this time the seller did not complete the seller disclosure and wanted us to sign the new disclosure. is the seller require to complete all the question in seller disclosure? they are using the seller was not occupy the home since September 2010 clause. i felt cheated since the seller revised the disclosure based on our inspection report that we have. The seller is the owner of custom home builder in the dallas/fort worth area. we like the house, but we are not satisfied with the new amendment that the seller propose.
- Naima Sumner, "Dallas Ft. Worth PRO"
- Contributions:2847
It actually works to your benefit to have a revised disclosure. The home could have been on the market for months and still had a disclosure from when they just listed it. The option period gives you that "out". Don't feel pressured, if you need more time get the option period extended.
Naima
Naima
- Annette Thurmond, "annette770321"
- Contributions:64
The Seller is required to revise the Seller's Disclosure to reflect any changes to the condition of the property as soon as the condition is known. You said the issue was discovered at the time of the inspection. If the seller did not know of the issue prior to the inspection, he has done nothing wrong. However, if the Seller knew about the condition and failed to disclose, he misrepresented the property's condition. Since you are still in the Option Period, you can ask the Seller to make the repair or you can Opt Out of the contract. Depending on the terms of the contract, the Seller may not be required to make any repairs, but most Buyers and Sellers successfully negotiate an arrangement suitable to both parties. Good luck on the successful closing of your new home.
- boeaya
- Contributions:5
let me revised the status of the house when we submitted our offer. The Seller Disclosure was prepared by the original owner of the house, but 2 month in the listing period the listing agent/company purchase the house from the owner without revising the Seller Disclosure and still keep the listing active with the original Seller Disclosure and that's what we have signed when the contract was executed.
thank you
thank you
- Neil Blumberg, "Neil.Blumberg"
- Contributions:42
Not only is is it legal for the seller to revise his seller disclosure, he is obliged by law to revise it immediately whenever there is a change in the condition of his house. It's called a "continuing obligation". So if he just became aware of this new situation, he behaved completely correctly.
The problem you're facing is: when did he learn of the defect? If he knew of it some time ago and failed to disclose it, he is guilty of fraud. And if he should have known about it he is probably liable under tort for negligence. Each of these carry different consequences.
The question is: what are my remedies under these 3 scenarios: (1) the defect occurred after our negotiations were completed (2) He negligently did not disclose (3) he deliberately did not disclose. You need to consult with a lawyer about these issues, but I believe your remedies range from the right to have the defect fixed up to the ability to cancel the contract.
Your contract probably includes a clause which says that the risk of deterioration in the premises rests on the seller up to the time of closing. You contracted for A - he has no right to deliver B.
The problem you're facing is: when did he learn of the defect? If he knew of it some time ago and failed to disclose it, he is guilty of fraud. And if he should have known about it he is probably liable under tort for negligence. Each of these carry different consequences.
The question is: what are my remedies under these 3 scenarios: (1) the defect occurred after our negotiations were completed (2) He negligently did not disclose (3) he deliberately did not disclose. You need to consult with a lawyer about these issues, but I believe your remedies range from the right to have the defect fixed up to the ability to cancel the contract.
Your contract probably includes a clause which says that the risk of deterioration in the premises rests on the seller up to the time of closing. You contracted for A - he has no right to deliver B.
can seller revised their seller disclosure during the "Option Period"
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