Originally posted by @Carla Morrison :
I’m getting ready to sell a home I am flipping. In my Seller’s Disclosure do I include items that the previous homeowner’s seller disclosure contained? For example, the previous homeowner’s seller disclosure checked yes there has been “Previous Roof Repairs” and “Previous treatment for termites or WDI”. I don’t have any proof of these repairs, just the previous homeowner’s seller disclosure stating it. Do I go ahead and check these boxes in my homeowner’s disclosure even though I didn’t make the repairs?
I would put "unknown" unless you have personal knowledge. What someone "Tells" you is called hearsay and will not hold up in court. What if the person who you bought the house from mis-remembered and was actually thinking of a previous house? That has happened. When the judge asks how you "know" that to be true, and you say "I was told that" they will look at you with a blank stare. Not permissible in court. So, just say "unknown" if you think it might have been but don't have proof.
Thanks for the advice. There isn’t an option for “unknown”. There is an area to explain your answer, so maybe I should just explain it there.
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