Seller's Disclosure Alternatives

[pmac]

In the state of Minnesota, If you buy a home "as is" and the "waiver" box on the Seller's Disclosure Alternatives form is checked, have you pretty much given up the right to challenge the seller on nondisclosure of hidden defects? The home was inspected but some issues hadn't presented yet. The transaction was FSBO and the seller's attorney drew up the contract.

 

[seniorjudge]

Without having read any of your documentation, I'd say you, as a seller, did not necessarily give up all rights.

However, hire a good real estate attorney to look over your documents and investigate the facts.

 

[pmac]

I don't think I explained it very well. I am the buyer. The sellers had us sign those agreements. They were our neighbors for 7 years. We trusted them. Now we live in a moneypit and there were defects that they knew about and did not disclose and I think they covered that by having us sign those waivers so we could never go back and sue them. The waiver we signed reads "The written disclosure required may be waived if Seller and prospective Buyer agree in writing. Seller and buyer hereby waive the written disclosure required under MN Statutes 513.52 through 513.60. Then it says this waiver does not waive, limit or abridge any obligation for Seller disclosure created by any other law. Such as, well, sewer, airport, meth, predator. It gives a space for additional disclosures where they wrote "none."