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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.


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