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Every house has some "quirks", and some have material defects that may affect the sales agreement or the asking price. Placing a less-than-perfect house on the market is fine as long as you and your real estate agent give the buyers information on any "hidden defects".

Most litigation in real estate transactions involves the buyer suing the seller for failure to disclose a problem. Whether it is a leaky roof, dry rot, plumbing or heating problems, or a wet basement, most courts do not apply the "let the buyer beware" rule to real estate transactions. Even if the buyers had a structural inspection and you sold the property "as is," you may be held responsible for undisclosed defects.

Sellers have an obligation to disclose both obvious and hidden defects. Courts have not been sympathetic to sellers who have lived in a house and are in a position to know what works and what doesn't, but do not fully reveal the facts. This is one area where honesty is the only policy. Ask your agent for help if you are unclear about any aspects of the disclosure form.

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Wes Wagner
William E. Wood and Associate Realtors
1030 Loftis Blvd, Ste 200
Newport News, VA 23606
757-508-7141
Fax: 757-596-9811
weswagner@NUMBER1EXPERT.com

Wes Wagner is an Associate Broker and an Award Winning Realtor who is a member of the area's Outstanding Salesmanship Club and has been for the last 25 years, consistently ranking in the top 5% for all residential sales agents in the Virginia Peninsula Association of Realtors®. Wes sold and closed nearly $6 million in real estate business in 2008. Let his knowledge and experience work for you. Take the 1st step and contact him today! Licensed in Virginia.

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