Because hidden defects could exist in any residence, regardless of the seller's disclosures, buyers should hire a home inspector before closing on a sale. These professionals are able to detect faulty flue pipes, over heated wires, illegal gas connections, and many other possible problems that a typical homeowner would not have the skills to recognize.

If buyers decline to commission a home inspection in spite of the benefits, the sellers must take steps to limit their liability in the event that flaws are discovered later. The sellers should prepare a statement indicating they have disclosed all defects known to them and that a professional home inspection could uncover additional, previously undetected problems. The statement also should mention that the buyers were encouraged to hire an inspector and that the sellers should be excused from any responsibility if the buyers forego this right.

Finally, after their attorney carefully reviews the statement, the sellers should refuse to close the deal until the buyers sign the document.

If Buyer Refused to Have Home Inspection, What Is the Seller's Liability?, Inman News Features Online (04/16/02); Stone, Barry. Abstracts Copyright © 2002; Information Inc., Bethesda, Md.