Am I liable for fraudulent non-disclosure in a property that my soon-to-be ex-husband is selling?

UPDATED: Oct 1, 2022

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Am I liable for fraudulent non-disclosure in a property that my soon-to-be ex-husband is selling?

I am divorcing and my husband owened a home in another state before we married. The basement of

the home has flooded twice. He listed it to sale and accepted an offer on it. I never saw or agreed to any paperwork for the sale. The realtor sent it to me this week. I noticed that the disclosure form does not divulge the water intrusions; he clearly checked the box

Asked on August 26, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if you sign off on the sale when you know that there was a fraudulent misrepresentation, then even though you did not make the misrepresentation, you will still be liable for it: you will be participating in a fraudulent transaction or sale.

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 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.

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