The
quick answer is “NO”.
Why?
Because
when you say yes you are indicating there is a problem, but a monosyllabic
response discloses nothing about the exact nature of the problem. While
checking yes may invite an inquiry from the seller; as a seller you have no idea how that will
be understood or explained by anyone. The seller is the one with the duty to disclose which means you have to disclose the problem not just that there is a problem.
From
a legal standpoint if caveat emptor is dead then so is hiding the ball. Buyers
have a right to know what they are buying and if you know there is a problem
with your real estate then you have to disclose the nature of the problem.
What is caveat emptor? It means let the buyer beware. In law it means the buyer has the obligation to make sure the property doesn't have defects. Check out Wikipedia and Merriam Webster's definition.
Now
let me tell you what the yes means to a lawyer.
Yes
means you the seller know there is a problem so that is an admission by the
sellers, but that answer fails to disclose the exact nature of the problem. So thanks for the admission; now get out your checkbook.
As
the seller of property you have an obligation to fully disclose the nature of
the problem as you understand it and just saying there are issues isn't enough
to avoid later being sued.
So 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
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
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