Real Estate
Q. I discovered my rental was a stigmatized property (accident property) that wasn't disclosed at move-in. Can I cancel for breach of disclosure duty?
A.
Disclosure violations allow contract cancellation and damages. Guidelines require about 3 years of disclosure for rentals.
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Real Estate Business Act Art. 47(1)(d) prohibits non-disclosure of material facts. Per MLIT guidelines (2021), rental properties must disclose non-natural deaths for approximately 3 years. For disclosure violations: cancel for mistake (Art. 95) or fraud (Art. 96), or terminate for breach (Art. 541) with damages (moving costs, consolation). The broker is also liable. Administrative complaints against the real estate company are possible.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
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