Property disclosure

[mzaslavsky]

What is the name of your state (only U.S. law)? Massachusetts

In my condo unit, I had some water leaks from outside in the past (my neighbors also had a bit), but to my best knowledge it was all fixed. At least, neither me nor my neighbors observe any leak anymore, even during heavy rains (including rains during Sandy). There is a small leak now in the common area, and it is being addressed. Currently, I'm planning to sell my condo unit and wondering do I have to disclose my leaks in the past. I know I have to disclose that leak in the common area, and that is fine. But leaks in the past... Which were fixed... I'm not sure... As I understand, it is not required to complete Property Disclosure Statement in Massachusetts. Is there anything else I have to worry about if I don't disclose already fixed water leaks? Any chance for further legal action against me in this case?

 

[justalayman]

the disclosure form may not be required by law but that doesn't mean a buyer cannot ask for one, or demand one as part of the sale. Just because a form may not be required doesn't mean you could not be held liable for an issue you did fail to disclose.


I would suggest disclosing it if there is the slightest hint of a question that could concern the leak. Personally, I would disclose it anyway just to avoid any future issue.