Robert is selling his Phoenix townhouse and provided an SPDS to a potential buyer three weeks ago. Since then, he discovered a plumbing leak in the master bathroom that requires significant repair. The buyer is still considering the offer. What must Robert do?
Correct Answer
A) Robert must provide an amended SPDS reflecting the newly discovered plumbing issue
Robert must provide an amended SPDS reflecting the newly discovered plumbing issue because sellers have an ongoing duty to disclose material changes in property condition. Waiting until closing to disclose material defects discovered after the initial SPDS violates the disclosure requirements. Disclosure obligations are not limited to buyer inquiries - sellers must proactively disclose known material defects. While fixing the problem is advisable, Robert must still disclose the issue and any repairs made through an amended SPDS.
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