Legal Question in Real Estate Law in Wisconsin

Non disclosure of known defects by Realtor
We purchased a 13 year old home and discovered two major structural problems after moving in. One the french doors were rotted through (covered up during walk thrus) Two, the deck footing are not secured to anything making the deck unsafe. (Also not visible during walk thru's. After working through the realtors and at the advice of the realtors we met with the previous owners. They disclosed all this information to their realtor and were advised they didn't have to disclose is on the discloure form and that he would make sure the buyers were aware of the problems. The repairs are going to cost approx. 8,000. My question is who is liable for not disclosing? Did the realtor have an obligation to inform buyers of the property defects he was told about?

Asked on 10/03/00, 4:28 pm

JAY Nixon nixon law offices

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Re: Non disclosure of known defects by Realtor

I would have to see all your closing documents

in order to answer this question. Only a judge

or a jury could ultimately make the decision

on who is liable. The duties of a broker depend

upon who the broker represents. Generally,

it is the seller, not the buyer, since the

seller pays the broker's fees, but sometimes

buyers can have their own agreements with brokers.

Send me a private e-mail in order to discuss

in more detail.

Answered on 11/01/00, 8:34 am

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