Disclosure of Defects in Your Home Revealed by A Previous home Inspection

Do you have to disclose that a previous home inspection revealed a defect in your home?

The short answer to that question is a definite yes. Regardless of how much it might hurt to disclose a prior inspection report, sellers and brokers should always weigh on the side of full disclosure. It is well-documented that prior inspection reports constitute material facts concerning the property and a purchaser is entitled to know them in making the decision whether to buy the property.

This has been tested in many court cases and court decisions in favor of buyers have made it clear that sellers have the duty to disclose information from prior inspection reports obtained by buyers.

Even if a subsequent inspection report contradicts the original report, both reports should be provided to any potential buyer. And, if you have corrected a problem indicated in the report, that should also be provided.

A good way to look at it is to ask yourself how you would feel if you found out that the seller of a property you bought had withheld known material facts about the condition of the home - things that ended up costing you a lot of money to repair.

In addition, your real estate agent will also be held liable if they have knowledge of the negative report and you instruct them to keep quiet about it. Any reputable agent will not be a party to such an act because it could end up costing them their license to practice.

Honesty is always the best policy and the best way to avoid any problems is to fully disclose everything you know that affects the condition of your home.