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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23417
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Does a selling agent have to disclose that a house has legal

Customer Question

Does a selling agent have to disclose that a house has legal proceedings started against it? Does he have to tell the buyers or the buyers' agent before an offer is accepted?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.

Good morning. This is something that is typically stated in the contract. If not, then it should be disclosed since it could interfere and effect closing and if the seller is unable to close, they could be sued by the buyer, for damages. The selling agent would not be acting in the best interest of their client, if they allowed this to happen and seeing how/if there is a pending matter, it could effect title. As such, it should be disclosed to the buyer, if there is a pending matter, since there could be a lis pendens on it which will be revealed once a title check is done anyways.

Expert:  RealEstateAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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