Admiral Beez
Superstar
If this was true the very first thing your RE agent would recommend is that you NEVER complete and sign the SPIS (SELLER PROPERTY INFORMATION SHEET). This document is NEVER in the best interest of the seller. Agents love them because it reduces their liability and reduces their work to make the sale, and buyers love them because they can hold the seller liable for faults.Realtors are supposed to do two things:
2) Contract negotiation to cover your ass. IMO, this is the more important item.
Sure, the agent will tell you that you don't need to worry, since by signing the SPIS you're being upfront about any known faults, so you assume you're legally clear. Not so though, since by signing the SPIS you open yourself up to costly litigation from the buyers, where a judge decides if you were honest, and if other undeclared faults should have been obvious to the seller, and therefore intentionally omitted from the SPIS. It doesn't matter if the buyer's claim is unfounded, and that you claim to not know how to identify aluminium wiring or asbestos, etc.....Either way, you've now got the hassle and expense of litigation. Sure you might be able to claim back your legal expenses if you win the case, but you're still burdened with the time, hassle and worry of the litigation process. And all this was caused by you signing the SPIS.
I would never sign a SPIS. The sale is "as is". The buyer can use a home inspector if they wish.
This is where RE agents fail their customers. Instead of steering sellers away from the SPIS, it's usually one of the very first things the realtors pull out for completing and signature.
My advice when shopping for a realtor, especially if you have a house in a high demand area, tell the realtor upfront that you never want to see a SPIS.
Here's an article from the Toronto Star on the risks of SPIS http://www.aaron.ca/columns/2008-07-26.htm
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