Disclosing Home Facts

When listing your home we will ask you to complete a seller's disclosure.  The intention it to make known all material facts about the home that could affect the value of the home.  Material facts are details about the home’s condition or legal status, as well as the age of various components. Florida real estate laws require sellers to disclose any known problems with the home they are selling.  Disclosure could protect you from a lawsuit.

Your agent can also be held accountable to disclose problems to buyers if they had prior knowledge of a material fact or should have known about it. For example, if water stains are evident in the ceiling it is the agent’s responsibility to question the seller about the integrity of the roof, and then relay this information to potential buyers.  Experts say agents are not home inspectors, but they are expected to use their best judgment when something appears suspicious.

The following examples include details that would qualify as material facts that must be revealed by sellers about their homes:

  • Damage from wood boring insects
  • Mold or mildew in the home
  • Leaks in the roof or foundation walls
  • Amount of property taxes paid annually
  • Problems with sewer or septic systems
  • Age of shingles and other roof components
  • A buried oil tank
  • Details about any individual who claims to have an interest in the property
  • Information about a structure on the property that overlaps an adjacent property

Some things are not material facts and do not have to be disclosed. They include personal information about the seller and the seller’s reason for moving.




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