A great article came out today written by Jim Goldsmith. You can read the entire article here.
So many times I will have an executor or executrix tell me that their estate attorney has told them they don’t need to fill out the seller property disclosure. Where it may be true that the actual seller’s property disclosure is not required, the requirement to disclose known material defects still exists.
So, if you are the executor of an estate and have little to no knowledge of the property to be sold, not filling out the disclosure may be appropriate. If on the other hand, you have knowledge about problems, repairs, and additional pertinent information about the home, you are MUCH safer filling out the entire disclosure form to the best of your ability.
In this market where inspections are often waived, the seller’s property disclosure can provide you with the best legal protection after the sale. As long as you have disclosed a problem it is unlikely to come back and bite you later.
Please feel free to reach out to me to discuss this further.