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Disclosure and Defect Issues

Water Infiltration/Mold

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

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Limiting Disclosures to Identification of Defects as Opposed to Diagnosis

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

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TDS/AVID Disclosure Prior Repairs/Maintenance

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

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Understanding Disclosures

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

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