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A seller completes their SPDS and indicates that the foundation has minor settling cracks that were professionally repaired two years ago. The buyer's inspector finds additional foundation issues not disclosed. What is the most likely outcome?

Correct Answer

B) The seller may be liable for non-disclosure of material defects

The seller may be liable for non-disclosure of material defects they knew or should have known about. Disclosing some foundation issues doesn't protect against liability for other undisclosed foundation problems. Option A is incorrect because partial disclosure doesn't provide blanket protection. Option C is incorrect because the SPDS doesn't provide automatic protection from all claims. Option D is incorrect because accepting an SPDS doesn't waive the buyer's rights to accurate disclosure.

Answer Options
A
The seller is protected because they disclosed known foundation issues
B
The seller may be liable for non-disclosure of material defects
C
The SPDS automatically protects the seller from all foundation claims
D
The buyer waived all rights by accepting the SPDS

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Related Topics & Key Terms

Key Terms:

SPDSfoundationdisclosureliability
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