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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53976
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am a real estate broker in Oklahoma. We just had major

Customer Question

I am a real estate broker in Oklahoma. We just had major flooding, the 200 year type, in our area. I have customers who have made an offer on a property that had water come in to the house and flooded it. The listing realtor is saying sellers were told
by an engineer in writing that it was caused by the neighbors yard not having proper drainage. The property is listed with another company; the listing realtor is telling me that her broker is saying seller does not have to provide the engineers report to
my buyer.....that only the state disclosure needs to be completed stating that there was water damage in the house, but that the report itself that the sellers paid for does not have to be given to a buyer when an offer is being made...that seller may choose
to provide it at a later time. I was under the impression if a seller had a report that showed a material defect in the property that not only did he have to disclose it on state sellers property condition disclosure statement, but also provide the report
to potential buyer. Am I correct? or wrong?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi there. My name is ***** ***** I look forward to helping you.
Actually, there is no legal mandate that the engineer report be given to the buyer; in fact, it's likely the seller would have to get the engineer's consent to disclose it as it likely contains restrictive language that it is for the benefit of seller only, can only be relied upon by seller, and not disseminated to others without seller's consent. BUT, having said that, the seller is getting very poor advice from the listing realtor. First, any contract offer by buyer should contain a provision requiring the seller to deliver, or cause to be delivered to buyer, any documentation evidence indicating any material issue that a buyer would consider. Second, since the flooding was disclosed and the contract likely has an inspection period, a buyer would demand that this report be delivered along with anything else the seller had regarding the situation. Third, a buyer should tell the seller that otherwise, the buyer will be terminating the contract due to the flooding issue. And, fourth, the seller might as well deliver it to your buyer because any subsequent buyer is going to present the same issue for seller. So, although it may not be legally mandated under the law, the listing broker and seller should understand that any educated buyer is going to require this information so if they want to sell the house, they need to deliver it.
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