Am I required to provide an Insurance Claims History Report ‘ to a buyer when selling property in ‘ AS IS ‘ CONDITION ?
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Am I required to provide an Insurance Claims History Report ‘ to a buyer when selling property in ‘ AS IS ‘ CONDITION ?
I’m selling my property in ‘ AS IS ‘ CONDITION and want to know if by Law I’m
required to provide the buyer with an ‘ Insurance Claims History Report ?
Asked on February 5, 2018 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the buyer insists on this before signing the contract to buy the home, or if it is in the contract they have signed, you would have to do this: otherwise, they could refuse to sign/buy (if they haven't signed yet) or else sue you for breach of contract (if a requirement for this is in the contract). On the other hand if they already signed a contract which does not require this, you have no legal obligation to provide it.
The above said: even with an "as is" sale, if you fail to disclose any latent or hidden conditions (such as water damage in the walls, structural damage from a fire that is not visible, etc.) which you are familiar with or aware of, you will have committed fraud and could be sued by the buyer if/when he discovers the issues.
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