June 6, 2016 — If a seller has indicated on a Seller’s Property Disclosure that a warranted item, such as one of the home’s mechanical systems, isn’t in working condition, does the seller have to fix that item before the home is sold? The answer to this question is based on the contract the two parties execute to formalize the deal — not the Seller’s Property Disclosure.
A seller has an obligation to disclose all known facts that materially affect the value of the residential real property and are not readily observable to the buyer. However, the disclosure is not what triggers a seller’s potential repair obligation.
For example, if a buyer submits an offer on a Florida Realtors/Florida Bar As-Is contract, and the seller accepts it, the seller has no repair obligation under the terms of that contract, regardless of what may be contained in the Seller’s Property Disclosure. If a buyer would like a seller to repair any item not in working condition, one of the alternative contracts that obligate the seller to make repairs should be used.
As a good agent, you should discuss the willingness to make repairs with your sellers and the desire for repairs to be done with your buyers before choosing the contract that will be used in the transaction.
Meredith Caruso is Manager of Member Legal Communications for Florida Realtors
Posted on June 6, 2016 at 4:00 pm by The Steffan Sieglaff Team