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Q: “I have a listing in which the seller inherited the property from his now-deceased parents. He has had the property for about six months, but it is not his primary residence. He told me that, a number of years ago, his parents mentioned something about the roof leaking when it rains.  He hasn’t noticed any leaks during storms since he has owned the property, and the roof looks relatively new to me. Is the possibility of a leaky roof something I should disclose?”

A: No, in this situation there is no duty to disclose the possibility of a leaky roof. Virginia code § 54.1-2131(B) says, “A licensee engaged by a seller shall disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property that are actually known by the licensee.” In this case, if the roof were in fact leaky, that would be a material adverse fact about the physical condition of the property that would need to be disclosed.  However, it is unclear whether the roof is indeed leaky. The current owner has not noticed leaking, and it has been “a number of years” since he heard his parents mention anything about it. As the licensee does not have actual knowledge of a leak problem with the roof, there is no need to make such a disclosure. 

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