Who is responsible for disclosing material defects and material facts to the buyer?

The responsibility for disclosing material defects and material facts to the buyer generally lies with the seller, the seller's agent, and the buyer's agent. This approach ensures that all parties involved in the transaction maintain transparency throughout the process.

The seller has a legal obligation to disclose known material defects or issues with the property that could affect its value or desirability. This is rooted in the seller’s duty to act honestly and in good faith towards potential buyers. Additionally, the seller's agent, as a representative of the seller, must also uphold these disclosure obligations and ensure that any material facts are communicated to interested buyers.

Furthermore, the buyer's agent, while typically representing the interests of the buyer, also has a role in ensuring that the buyer is fully informed about the property. This can include identifying issues that may not have been disclosed by the seller or the seller's agent. The buyer's agent is expected to conduct necessary due diligence and advocate for the buyer’s interests, which may include revealing concerns or encouraging buyers to conduct thorough inspections.

This shared responsibility helps protect all parties involved and fosters trust in the transaction. It upholds the principle of full disclosure in real estate dealings, minimizing the risk of disputes arising from undisclosed defects or material facts.