“As Is” ≅ “Pass/Fail” [Editor’s Note: The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced. If you need legal advice, please consult an attorney.] It seems obvious: if the Seller isn’t going to correct anything — the definition of “As Is” —...Read More
Seller Disclosure Conundrum I’ve certainly seen Sellers who waive their home disclosure. Less commonly, I’ve also seen Sellers who not only (conscientiously) complete their own Seller’s Disclosure, but provide the previous Seller’s Disclosure as well (lawyers call this “tacking”). But, I can’t recall previously seeing a home Seller who did . . . both. It’s...Read More
Buyers: “What is the Seller Hiding??” Sellers don’t HAVE to incriminate themselves — make that, their homes — when they put their house on the market. At least in Minnesota, one of the sanctioned Seller’s Disclosure Alternatives is for the Seller to waive disclosing anything at all (the Buyer has to then agree to that)....Read More
Minnesota Home Seller Disclosure Duties — and their Realtor’s(!) Just like good stand-up comedians establish themes that they keep revisiting (see, Jerry Seinfeld; Chris Rock; Louis CK), a good continuing ed speaker repeatedly invokes a mantra for practitioners (Minnesota Realtors like yours truly) to heed. Yesterday’s (much repeated) mantra: “if you crack the door open a...Read More
Listing Seller Agent Seller Disclosure Yes Yes Seller-provided Inspection Yes Yes Seller’s Disclosure Alternatives No Yes (Waiver) “Things should be made as simple as possible — but not simpler.” –Einstein You know something’s complicated when it...Read More
