Q: I closed on a home on the 19th and the sellers are requesting we sign a sellers disclosure after sale on the 27th.
Should we sign this or are we required to?
A:
You should have received this as part of the ACCEPTANCE of the offer -- even before closing.
You absolutely positively certainly most assuredly need to get to a local real estate lawyer ASAP (as in yesterday) to review your closing paperwork. I assume based on your question you didn't get that review BEFORE the closing (as you again certainly should have!) but get it now before you sign anything more!
The lawyer actually looking at the paperwork can tell you what is in your best interests, but trying to diagnose this issue across the internet is not going to be helpful. Get that local legal representation and advice!
A: When the Seller's home disclosure is not endorsed by buyer prior to closing, the buyer actually waives any issues related to the condition of the home. So if the seller failed to disclose a problem with the home, the buyer would have to have the signed disclosure prior to closing if the buyer alleges fraud or seller's knowing disregard for the truth. That is not the case here, and as the buyer, you cannot use the lack of the disclosure to make any claims against the seller with regards to the condition of the home. Signing the document after the closing has no effect.
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