What to Disclose?

To disclose or not to disclose?

Disclosing anything that has ever been repaired, replaced, modified, added, fixed or changed is very important and will help keep you out of litigation. And it’s essential to go over all the disclosures prior to going and putting your home on the multiple listing service or prior to a buyer seeing the home.

We want them to have previously viewed the disclosures prior to making the offer. This will help ensure the buyer doesn’t back out later from things they should have already been made aware of. And you know that in Nevada, massive amounts of disclosures need to actually be filled out and things need to be disclosed. This is actually a safety net not only for the buyer but also for the seller. Anything from whether or not you live on a golf course, or if you have a sex offender living in the surrounding areas would have to be disclosed, If you knew about it.

So if you’ve painted the walls green or change the carpets, added new lighting or fix the water heater, you need to disclose it. One of the common things asked by clients is if you should disclose it. Most likely the answer is Yes! you want to disclose. Over disclosure is actually always better than under disclosure, and will keep you out of the courtroom. You want the buyer to know anything and everything you know about the home when you disclose properly. You don’t have to worry about them coming back to you later and telling you that they want to go to court or they want to extract more money out of you. Obviously, if you only disclose what you know about, and if there are issues with the property that you don’t know about, then the buyer would actually have to prove that you did know and kept them from you intentionally in order to win in court.

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