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We recently got a question from a client that we decided to answer today. The question was “What is my obligation to disclose?”, which can be a confusing subject during the course of a home sale.
In Virginia, we are a disclosure/disclaimer state, but everybody disclaims. A disclaimer simply states that you do not know of anything wrong with the house. You don’t have to disclose anything as a seller, but you can’t conceal anything either. If you know the basement leaks and pile up things so it’s hidden, then you could get in trouble.
As an agent, I am required to disclose anything that I know about the home. That means if I find a leak, or a foundation issue, I have to disclose it.
If you really don’t want the buyer to know about something, then you should not tell your agent. Once they know there is an issue, they are required by law to disclose it. This is why we recommend a home inspection before you list, so you can be aware of any issues right off the bat, and then you have nothing to hide.
If you have any questions for us, feel free to give us a call or send us an email. We look forward to speaking with you!
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