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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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