So far the best advice given, call it, and CYA.
Seems like sellers never get prosecuted for non-disclosure (although this case sounds closer to criminal fraud). Disclosure laws have no teeth because law enforcement doesn’t have the budget to enforce. A small fee tacked onto each transaction to fund disclosure enforcement might go a long way toward punishing sellers who hide problems and cutting down on the rampant violations.
Ever hear of anyone who was prosecuted? I haven’t.
No. I almost never look at a disclosure statement. It is very seldom correct. And agents help the owners fill this out. Idea is good, but with the clout the RE have, it will never happen.
I look at disclosure statements, but do not put much stock in them. Both seller and realtor will “gloss” over anything they know, and most generally get away with it. If they disclosed everything, then no need for an inspection??!! That’s why you are there, to disclose things they did not disclose.
I don’t see this as becoming a “criminal” act, it can become a civil action for damages, but only if you can prove it was intentional. And the cost of letigation may be more than the recovery.