February 2017 Archives

DISCLOSE, DISCLOSE, DISCLOSE ... AND OTHER SUGGESTIONS THAT A SELLER SHOULD FOLLOW IN COMPLETING THE TDS AND SSC/SPQ

Real estate nondisclosure cases frequently include cross-examination of the seller and listing agent with respect to the following: the discussions that occurred between those parties regarding filling out the TDS and SSC/SPQ ("disclosure documents"), the amount of time the seller took to complete the disclosure documents, whether the seller had and/or relied on any historical documents, whether the seller understood the scope and breadth of the questions, whether the responses were complete, whether past problems were disclosed even if they had purportedly been rectified, whether the specific words used in response to a question were provided by the seller, the listing agent, or someone else, what prior experience the listing agent and seller had with regard to disclosures, and many other questions and/or issues.

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