What does the salesperson need to disclose if they are aware of defects that are not readily apparent?

In real estate transactions, including commercial modular sales, salespersons have a legal and ethical obligation to disclose material defects that are known to them, especially if these defects are not readily apparent to potential buyers. This means that if a salesperson is aware of a defect that could affect the value or usability of the property, they are required to inform the buyer.

The requirement for written disclosure reinforces the importance of clear communication and provides a record of the defects shared. This written disclosure can serve as protection for both the buyer and the seller, ensuring that all parties are aware of the condition of the property. By disclosing in writing, the salesperson helps to maintain transparency, build trust with the client, and mitigate any potential disputes that may arise later concerning undisclosed defects.

In situations where defects are mild or minor, the law still typically requires disclosure of any known significant issues. Thus, the notion that disclosure is optional based on the severity of the defects is not aligned with legal standards. Additionally, while verbal disclosure is important, it lacks the documentation aspect that written disclosure provides, making it less effective in protecting all parties involved in the transaction.