To Disclose or Not to Disclose – Weird Situations that May Need Your Intervention

Itching to close the sale, but aware of a few issues pertaining to the property in question that have you scratching your head about what you're really required to disclose? Disclosure laws vary not only by state, but involve a great deal of grey area. Here are the real estate selling tips you need to know to protect yourself against later legal action.

To disclose or not to disclose – Do you need to come clean?

Deaths within the home
Most states have laws on the books pertaining to the disclosure of deaths in/on the property – with some even requiring you to disclose the how of the death. California has a law referred to as how the property may be "psychologically affected." For instance, deaths occurring within a period of three years must be disclosed, as well as the circumstances (ie: if they were violent) – or you could end up on the hook for some serious damages.

Meth labs
Some states requires the seller to disclose if a home was previously the site of an illegal meth lab – while others do not. The sticky wicket? You're not required to disclose information you don't know. So if you don't go digging into a home's history, you could be in the clear, whereas playing P.I. could land you in hot water if you uncover something ungainly. Be certain to make yourself aware of what's required in your state.

Neighbors from the nether-regions
Everyone has dealt with terrible neighbors at one time or another. Ear-splitting nightly arguments. Over-loud, late-night parties. Dogs whose bark is on constant repeat, no matter the hour. In most states, noise is more subjective, though in some (like California) the disclosure of known nuisances is required.

To view the original article, visit the Properties Online blog.