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What if a Seller won't complete a PDS form?

Blog by Diane Cardoso | July 8th, 2013

What happens if the Seller does not want to provide a Property Disclosure Statement (PDS)??

I'm sure you have seen some properties advertised in an "As Is" condition or perhaps you have made an offer on a home where the Seller refuses to provide a Property Disclosure Statement.  What does this mean to a prospective Buyer and what are the ramifications?  There is a fairly high obligation on the Buyer to inspect and discover any patent defects in the property they are purchasing.  Caveat Emptor, puts the onus on the Buyer to have a duty to investigate and discover deficiencies that "could have been discovered upon a reasonable inspection and by making reasonable inquiries."  However, there are several exceptions to the rule of Caveat Emptor, such as: when a Seller breaches his duty to disclose a latent defect which renders the property dangerous and/or uninhabitable.  If you encounter one of these situations on a home purchase, just ask your real estate professional for direction on the best course of action to deal with these scenarios.