Real Estate Law
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Are real estate property disclosure forms binding.
Yes, the seller has a legal duty to complete any disclosure forms accurately and not omit or hide anything that is potentially detrimental to the sale. An omission or incorrect statement on the property disclosure could be considered a "material fact" that could influence the buyer's decision to purchase and give the buyer grounds to sue for rescinding the contract based on misrepresentation and fraud and breach of contract or to force the seller to make repairs if the omission can be cured by repairs to the property.