Not exact matches
In many states, the owner is required to disclose all
known defects when selling a
property.
Agents need to be mindful that if they have knowledge of a
defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «
knows,» whatever he
knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if
known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject
property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
Nevertheless, you need to understand that title insurance will not protect you against title
defects that are
known to you before you purchased the
property.
Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual
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known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.
The plaintiff alleged that this constituted a latent
defect in the
property which the defendants
knew about and concealed from the plaintiff.
Sellers and their agents have a duty to disclose all
known latent
defects, including whether a
property was a grow op, however some sellers or agents may intentionally withhold such information in an effort to encourage the sale of the
property at a higher price.
Purchasers who purchase a
property where the seller failed to disclose a
known latent
defect may be able to seek damages from the seller or their agent for failing to disclose the latent
defect, and purchasers should seek prompt legal advice regarding their rights and available remedies.
A
property owner may be released of liability if they can prove one of the following scenarios: that you were aware of the
defect before you were injured, the
defect was «open and obvious,» misuse of the
property led to your injury, or the
property owner didn't
know about the
defect and reasonable shouldn't have
known.
Property owners, managers and businesses are responsible to repair
known defects or clean up spills that can create the risk of a slip - and - fall accident or other event that can cause injury.
Property owners are required to maintain their premises free from
defects and are to warn of any
known defects, but «only reasonable care» is required.
Regardless of who is liable, in order to establish a premises liability claim there must be some evidence of a
defect or a dangerous condition on the
property that caused the injury, and evidence that the
property owner should have
known of the dangerous condition.
Moreover, it is implied that the
property owner has posted warnings about any
known defects on the premises, or otherwise taken measures to correct those
defects.
Using the
Property Disclosure Statement Licensees are not required to disclose a
known material latent
defect to a buyer if the seller has already disclosed all
known material latent
defects, in writing, to the buyer.
The Transaction Broker must disclose all
known facts and
defects that materially affect the value of the
property and are not readily observable by the buyer.
If the
defect is proved to have existed prior to selling the
property but the seller didn't
know about it (perhaps the
defect didn't appear while the seller owned the
property), then the seller can't be held liable, even innocently.
From a legal perspective, the
property manager's inaction could not be justified, and his willful failure to repair the
known defect resulted in his being liable for the injuries received.
This piece of worthless garbage (the SPIS) is nothing more than a smoke - screen vehicle to be adopted by sellers (whether honest or dishonest in nature, not to mention their ignorance of the state of their own
properties) in pursuit of facilitating smooth sales whereby sales would be more difficult to achieve without the supposed «feel good» SPIS boxes being initialed «yes» or «
no», as the case may be, reflecting the negative reality, or positive unreality, as the case may be, of the condition / hidden
defects of the said listed
properties.
6) The law states that you, the seller, must disclose any and all «
known»
defects of a latent nature within your
property when selling same, but to whom... to just the potential buyer... or to the whole world via the listing?
'' It is important for registrants to
know that while sellers are required by law to disclose material latent
defects affecting a
property that are
known to them (an obligation which also exists for the seller's representative if the material latent
defect is also
known by the representative), there is no legislation or case law in Ontario to suggest that a seller, or his or her representative, is required to disclose the existence of stigmas to buyers.
A real estate licensee serving as a transaction broker has two duties under the state's
property condition disclosure law: to make available to the purchaser the seller's disclosure statement and to disclose any
defects known to the licensee that are not contained in the disclosure statement.
This form requires you to reveal all
known defects to your
property.
Agents need to be mindful that if they have knowledge of a
defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «
knows,» whatever he
knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if
known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject
property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
Most states have laws that mandate disclosing
known physical
defects in a
property.
In addition, buyers and buyer salespeople should always ask sellers and the sellers» salesperson point blank if there are any hidden
defects in the
property that they should
know about, and make a note about anything that is said to you.
In Hawaii, a seller has a duty to identify all
known defects on the
property which would likely affect the value of the
property.
Sellers must disclose
known material latent
defects about their
property to a buyer.
Like licensees in agency relationships, transaction licensees must disclose
known material
defects about the
property.
The buyer agent must act in the buyer / tenant's best interest, including making a continuous and good faith effort to find a
property for the buyer / tenant, except while the buyer is subject to an existing contract, and must keep all confidential information, other than
known material
defects about the
property, confidential.
A dual agent may not take any action that is adverse or detrimental to either party but must disclose
known material
defects about the
property.
All confidential information relayed by the seller / landlord must be kept confidential except that a licensee must reveal
known material
defects about the
property.
A broker must disclose
known defects in the
property for sale or lease.
First, the buyer's agent must disclose knowledge of a material
defect or condition about the
property that affects health or safety and that
defect is not
known or readily observable to the buyer.
Such information is accurate and complete and does not omit or fail to disclose any material
defects regarding the
Property known to Seller.
Even though the seller is not required by law to disclose
defects about the
property, the listing agent is required to disclose anything that s / he
knows or reasonably should have
known about the
property.
The Sellers gave to the Buyers a
property condition disclosure form on which the Sellers checked the «yes» box next to a question asking whether they
knew of any «current water leakage, water accumulation, excess dampness or other
defects with the basement / crawl space».
It is highly doubtful that viewpoint
knows every pertinent piece of information relevant to every
property, discloses those that are crack houses, mould laden, rat infested or suffering any latent
defect at all.
❑ have you informed the seller about their obligation to disclose any
known material latent
defect in the
property even if they do not complete a Property Disclosure St
property even if they do not complete a
Property Disclosure St
Property Disclosure Statement?
In British Columbia, it is important for consumers to
know that while sellers and licensees representing sellers are required by law to disclose material latent
defects affecting a
property, they are not required by law to disclose the existence of possible stigmas that might be of concern to specific buyers.
Chapter 93A requires brokers, salespersons, and other business persons to disclose all facts
known by a real estate licensee about
defects in a
property, even if a buyer or tenant does not ask.