Seller’s can be held legally liable when they willingly withhold property defects and material facts. Real Estate Agents can also be held liable for not disclosing defects discovered in the scope of servicing your client, the seller. Whether you know about the defects or not your reputation as a Real Estate Agent could be tarnished and it is best to advise your seller about disclosing defects for their safety and your own.
Deliberately withholding information from the disclosure form can be used to prosecute your clients and possibly you as their agent for fraud. Encourage your seller to be transparent and encourage the buyers to search for professional guidance on further inspection of the home. If you suspect your seller is hiding something they will not disclose consult your broker for advice immediately. As a Real Estate Agent, it is your duty to protect your clients from making this mistake by providing them with this information and warn them of the implication of withholding information.
For more information read “You Could Be the Fall Guy for Your Seller’s Lies” by Danielle Braff.