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Mandated DisclosuresSeller_disclosuresMEDIUM

Patricia is selling her home in Greenwich and discovers a significant foundation crack after she has already delivered the Residential Property Condition Disclosure Report to the buyer but before closing. Her broker advises her on her obligations. Which of the following most accurately reflects Connecticut law regarding newly discovered material defects after the disclosure report has been delivered?

Correct Answer

B) Patricia should update or amend the disclosure report to reflect the newly discovered material defect before closing

Connecticut's disclosure obligations are rooted in the principle that sellers must disclose known material defects. When a seller discovers a new material defect after the initial disclosure report has been delivered, best practice and legal obligation require the seller to update or amend the disclosure to reflect the newly discovered condition. Failing to disclose a known material defect discovered after delivery could expose the seller to liability under CGS § 20-327b and potentially CUTPA for deceptive omission.

Answer Options
A
Patricia has no further obligation because the disclosure report was already delivered in compliance with CGS § 20-327b
B
Patricia should update or amend the disclosure report to reflect the newly discovered material defect before closing
C
Patricia must cancel the contract and relist the property with the corrected disclosure information
D
Patricia's broker must disclose the defect directly to the buyer without informing Patricia first

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Related Topics & Key Terms

Key Terms:

seller_disclosurematerial_defectupdated_disclosureCGS_20-327bpost_delivery
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