Market Wise Q&A: Should the Seller Provide Old Disclosures & Reports?

Pat Kapowich for the San Jose Mercury News Q: We made an offer on a house that sold two years ago. Our buyer's agent looked up the old listing and noted that a "disclosure package" was available online. However, the website link has expired so we asked for hard copies of the old disclosure package. The sellers and their rep claim no knowledge to any other disclosures than the new ones provided. How is that possible?

A: It's not. Clearly the sellers would have been provided with hard copies of those disclosures when they were buying the home, if for no other reason than to satisfy the policies of the real estate firms involved. Sellers and their representative all too often want to under-disclose as opposed to over-disclose. The latter is the best way to strengthen sales, keep homes sold and avoid future claims filed by remorseful buyers.


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