Selling a home is a lengthy process. Real estate owners generally want to optimize the price for the property. They achieve that goal by timing when they list the property and bringing in a real estate professional to help them market the home.
That process frequently requires staging the property. Staging a property can involve actions ranging from painting certain rooms a different color to removing excess personal property. In some cases, efforts at staging could cross the line and might lead to allegations of fraudulent misrepresentation.
Sellers should not hide property defects
It is reasonable for sellers to make minor repairs and cosmetic improvements to their properties before selling them. It is also reasonable to stage a property to make it as appealing as possible to prospective buyers. Those efforts are theoretically legal unless they involve intentional deception.
Sellers have an obligation to disclose known issues with the property in writing, regardless of whether buyers may notice them when touring the property. Patching drywall cracks caused by foundation issues and painting over a wall is an example of staging efforts that may go too far.
If the seller does not acknowledge the foundation issues in their written disclosure documents, buyers could potentially take legal action against them after discovering the issue later. Both buyers and sellers generally need to be aware of what is legal and what is potentially inappropriate when preparing to list a property for sale.
Misrepresenting a property’s condition may violate the laws that govern residential real estate closings. Sellers need to protect themselves by making appropriate disclosures, and buyers need to understand the law to demand accountability if a significant misrepresentation of a property’s condition occurs.