My Realtor Is Telling Me Not To Worry About Disclosing Too Much

If your real estate agent discourages you from making a full disclosure that is bad advice. Your response back to your agent should be to put it in writing. I’m going to guess when you ask for that advice in writing you won’t get it. Why? Because it’s the wrong advice and your agent doesn’t want to be sued along with you if at a later time the defect turns into a claim by the buyer.

Your obligation is to disclose defects and when you know one exists you simply need to accurately disclose the nature of that defect. 

One area I find troublesome is when a defect existed, was fixed by the homeowner and the fix really didn't correct the main problem. Recent Iowa Supreme Court cases don’t seem to allow sellers to just fix the problem and then not disclose its nature. If a problem existed in the past it could be the sign of a larger issue and as the seller under Iowa law you have to disclose it. I think you have to be careful about how you analyze how to correct a defect because if you miss something you will pay for it at a later date. 

For buyers this is an important point to understand. 

So just doing a home repair is usually not the answer or a defense against a later claim. And failing to disclose because you believe it will not invite higher offers is like playing Russian roulette.

My advice is to disclose the nature of the exact problem and if we can help you contact Katrina and I at the Lombardi Law Firm.

HOW TO CONTACT US

The Lombardi Law Firm

5000 Westown Parkway, Suite 440

West Des Moines, Iowa 50266

Telephone: 515-222-1110

Fax: 515-222-0718

Write to Steve or Katrina

Email: sdlombardi@aol.com or katrina.schaefer8@gmail.com