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Every house has some "quirks", and some have material defects that may affect the sales agreement or the asking price. Placing a less-than-perfect house on the market is fine as long as you and your real estate agent give the buyers information on any "hidden defects".

Most litigation in real estate transactions involves the buyer suing the seller for failure to disclose a problem. Whether it is a leaky roof, dry rot, plumbing or heating problems, or a wet basement, most courts do not apply the "let the buyer beware" rule to real estate transactions. Even if the buyers had a structural inspection and you sold the property "as is," you may be held responsible for undisclosed defects.

Sellers have an obligation to disclose both obvious and hidden defects. Courts have not been sympathetic to sellers who have lived in a house and are in a position to know what works and what doesn't, but do not fully reveal the facts. This is one area where honesty is the only policy. Ask your agent for help if you are unclear about any aspects of the disclosure form.

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The Sly Team
The Pinnacle Division
3990 Demooney Road
Atlanta, GA 30349
Tel: 770-703-6906
Fax: 404-963-0393
Cell: 404-441-9699
Email: majasly@NUMBER1EXPERT.com

Maja Sly began working in real estate while in college over 12 years ago as a property manager. With a degree in Finance she has always been fascinated with the "numbers" aspect of everything. After several successful entrepreneurial ventures, she decided to change gears and began working with RE/MAX in 2001, to fill a void for what she thought was a lack of understanding by most agents regarding the mortgage aspect of purchasing a home. Quickly rising to become one the most prosperous and leading realtors in the Atlanta area. She has been awarded the RE/MAX Platinum and Chairman Club honors, and in 2005, she made it into the prestigious RE/MAX Hall of Fame. With her extensive background in mortgages and Finance, Maja formed The Sly Team which includes a Builder Services Department, Relocation Specialist, Residential, Luxury Homes, Town homes, Condos, and Investment Property. Maja has since started the Pinnacle Division which encompases the many facets of this ever-changing real estate market.

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