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What must sellers do if a well fails inspection before listing?

  1. Repair it immediately

  2. Disclose the failure to potential buyers

  3. Only disclose if asked by a buyer

  4. No obligation to disclose

The correct answer is: Disclose the failure to potential buyers

When a well fails inspection before listing a property, sellers are obligated to disclose this information to potential buyers. This obligation stems from the legal principle of transparency in real estate transactions, which ensures that buyers are fully informed about the property they are considering purchasing. Failing to disclose such critical information could lead to potential legal issues or disputes, as buyers have a right to know about significant defects or conditions that could affect their decision to buy or the property's value. Disclosing the failure also enables buyers to make informed choices, which may include negotiating repairs or considering alternatives, such as the installation of a new well. This practice not only protects the interests of buyers but also helps sellers maintain their reputations and comply with state laws regarding property disclosures. This approach fosters trust in the real estate transaction process and prevents surprises that could arise after a sale has been finalized.