If my sale falls through after the buyers inspection report is completed, do I need to disclose items from their report to future prospective buyers?

I’m selling my house in and do not necessarily find the current buyers inspection report feasible, however my agent is telling me that I would need to disclose these items to future buyers if we chose not to fix and the buyer walks away.

Asked on September 14, 2016 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You do not need to disclose items that are factually inaccurate; you do need to disclose items that are factually correct, even if you don't think they are serious or warrant consideration. So if you are certain the toilet did not link, but rather water ran down the outside of the tub, you don't need to disclose that. But say that the report indicated that some outlets are installed upside down or are "linked" in such fashion that if one outlet blows or shorts, it takes out another one (both of which were the case in a house I recently purchased, by the way)--you may not consider those problems, but if the statement of the condition is accurate, you need to disclose them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.