Disclosure and Defect Issues

Type Matter:  Water Infiltration/Mold
Issue:  Can a real estate Agent be held liable for allegedly mis-diagnosing the cause of moisture under or around the property?
Answer: Probably Not

Type Matter:  Limiting Disclosures to Identification of Defects as opposed to Diagnosis
Issue:  Does a Broker create greater risk by diagnosing defects as opposed to simply identifying such defects.
Answer:  Yes

Type Matter:  TDS/AVID Disclosure of Prior Repairs/Maintenance
Issue:  Should a listing Broker disclose prior repairs and maintenance invoices and records kept by sellers?
Answer:  Almost always yes

Type Matter:  Understanding Disclosures
Issue:  Can listing Agents be held liable for a Buyers’ lack of understanding of disclosures?   Is there a difference if a Broker represents the Buyer?
Answer:  Depends