Q: Our seller remodeled their property and, as part of that renovation, had one portion of the concrete floor in the basement raised to make it level. The work was done by a licensed repair company and is warrantied. Do either of us have to disclose the previous condition of the floor?
A: No, neither you nor your seller would need to disclose the previous condition of the floor. Sellers only have a few specific things that they are required to disclose, and this doesn’t fit into any of them. As an agent, you have a duty to disclose material adverse facts about the physical condition of the property if you’re aware of them. In this case, because the condition has been completely repaired, you are not under a duty to disclose.
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The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
Information accurate as of 03/02/23