Video Summary
Can real estate be sold without a seller’s disclosure? Yes, it can be. So the law is as far as residential real estate is concerned, the seller must disclose to the buyer any matters that may materially affect the value of the property that are not readily observable. That does not require the disclosure form that the realtors use. Although that is certainly a good way to make the full disclosure of the property. It applies only to residential real estate and does not apply to commercial real estate. Although a contract, if the wrong contract is used on a commercial real estate transaction, it may require this disclosure. Just because you put as is in the contract does not relieve a seller from this closing any matters that may material, they affect the value of their property, which are commonly known as latent defects. Some of the big concerns are as whether or not the property has ever had a sinkhole, as a repaired sinkhole house or a claim has been filed. All of these matters must be disclosed. There’s any number of other matters, such as leaky roofs and the things such as that, that should be disclosed to a buyer. The seller disclosure form is not required, but the disclosure is required. If you have any questions, give me a call (727) 847-2288.