If there are known construction defects am I required to disclose them to a prospective purchaser? | The Commercial Expert

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Yes. The seller of a unit, or lot, is required by law to disclose all material defects in the property, including defects in the common areas, and defects in other units or lots if they affect the unit or lot being sold. The disclosure requirements extend to all defects of which the seller is aware, or should be aware. Additional disclosure requirements apply when construction defect litigation has been commenced, or being considered. Any real estate agent involved in the sale is also required to disclose any defects of which he/she is aware or should be aware, and is further required to conduct a reasonably competent and diligent visual inspection. HOAs, on the other hand, are not required to provide or disclose construction defect information to prospective purchasers of units or lots.

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