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12/5/2007
IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?


If a Seller repairs or rectifies a defect or condition in the house, does he/she have to disclose it?

YES! YES! YES!

Recently, a homeowner in Dallas contacted me and told me she was advised by a Keller-Williams agent that their client, the seller, did not have to disclose a defect or condition on the Sellers' Disclosure Notice because it had been REPAIRED already!  This was amazing because it is an incredible  assault on the very purpose of the Sellers' Disclosure Notice - to give the BUYER fair notice of the history of the house. 

Is this a Keller-Williams policy?   I hope not for the sake of the tens of thousands of consumers purchasing homes from their sellers.   In reality, the Sellers' Disclosure Notice does not ask in most cases whether the condition was repaired or not.  For instance, if there is water penetration into the  house, the seller has to answer Yes or No.  Not whether that water penetration was repaired.  That comes in the explanation portion below the list of defects where the seller can explain in as much detail as necessary each answer of Yes to any defect. 

Under the Keller-Williams rule, the seller would only have to disclose the defect if it was manifesting itself at the moment the Sellers' Disclosure Notice was being prepared.





Previous Entry
Does Seller Have To Disclose Old Defects & Conditions?

11/28/2007
If the defect or condition in the house is more than five years old, does the seller have to disclose it?
   
Next Entry
Ask Your Neighbor

12/12/2007
Ask your neighbor whether there has been any construction or problems at the house you are buying (or have bought...)
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12/19/2007 - What is an Intermediary Agent?
12/12/2007 - Ask Your Neighbor
12/5/2007 - IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?
11/28/2007 - Does Seller Have To Disclose Old Defects & Conditions?
11/21/2007 - When Real Estate Disclosures NOT Required
10/29/2007 - The TRCC aka "The Builders Defense Program"
10/22/2007 - The Texas Residential Construction Commission
9/26/2007 - House Foundation Settlement
9/19/2007 - Homeowners for Better Building (HOBB) is another national organization to assist you when you have a new home construction defect.
9/18/2007 - Builder Fails to Attend SIRP Inspection
9/13/2007 - Homeowners Against Deficient Dwellings (HADD) is a Resource When your New Home Has a Construction Defect
9/2/2007 - Water damage and termites in our homes.
8/22/2007 - Construction Defects and Water Damage
8/19/2007 - The Importance of Keeping Good Records When Things Don't Go Right
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8/15/2007 - Being a Witness in a Construction Defects Case
8/13/2007 - BAD BUILDERS IN WASHINGTON STATE
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7/19/2007 - Texas Residential Construction Commission Is Bad for Texans
7/3/2007 - Lennar Homes is the Biggest Not Because They are Good
6/5/2007 - Is ReMax Really Behind Your Agent?
Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
2303 RR 620 South,   Suite 135 PMB 361,   Austin, Texas 78734
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