FACTS: On July 1, 2023, the parties executed a Residential Resale Real Estate Purchase Contract (the “Contract”). Pursuant to the Contract, two days later seller timely provided buyer with a completed Residential Seller’s Property Disclosure Statement (the “Disclosure Statement”). Line 176 of the Disclosure Statement instructs seller to “List the names and license numbers of all contractors and scope of work that has been performed on the Property in the past year.” Seller understands this to mean that he must disclose all work performed on the property from January 1, 2022, to December 31, 2022, not work performed in 2023.

ISSUE: Is seller correct that he need only disclose work performed on the property that took place in 2022?

ANSWER: No.

DISCUSSION:

Line 176 of the Disclosure Statement instructs seller to list work “performed on the Property in the past year,” which refers to work performed within the previous 12 months.  Therefore, Seller must disclose all work performed for the period of 12 months prior to the date the Disclosure Statement is signed.