A Guide to Reviewing Real Estate Disclosures in West Virginia
A house is a significant investment, probably the biggest one you'll make in your life. Real estate law serves to protect buyers by requiring sellers to disclose problems that may detract from a property's desirability or value. Find out what you should know about West Virginia's disclosure laws by consulting this brief guide.
West Virginia Real Estate Law Regarding Disclosures
West Virginia real estate law requires the seller to fill out a disclosure statement that lists defects and details that may make a property less appealing to buyers. Structural issues, like a leaky roof or cracks in the foundation, the presence of rodents or termites, and defects in the condition of plumbing, electrical, and heating-and-cooling systems must be disclosed in writing.
What to Do When Disclosures Reveal Issues
If you’re buying a house, review the disclosure statement thoroughly. If there is a defect that you want fixed, you can ask the seller to do so. In general, negotiate with seller to fix a problem only if it impacts a house's safety or usability, such as damage to a basement stairwell due to flooding. Asking a seller to address cosmetic issues—peeling paint, for example—isn’t standard.
Another option is to assume the expense of making repairs yourself but asking the seller to decrease the price of the house to offset the cost. This tactic gives you control over who repairs the property.
Penalties for Failures to Disclose
If a seller fails to disclose condition issues, which you discover after the fact, you can take legal action. If you sue a seller for damages, they may also be subject to fines.
For real estate law guidance and support in Martinsburg, WV, contact Pill & Pill, PLLC. In business since 1982, this law firm prides itself on detail-oriented and courteous service. Their attorneys treat clients with respect, taking time to answer questions and explain complicated legal transactions with clarity. They focus on real estate law, including residential and commercial sales, title insurance, foreclosures, and closings. Learn more about the firm’s history and credentials online. For an appointment, call (304) 263-4971