Which party usually has the most responsibility for disclosing material facts about a property?

The seller typically holds the most responsibility for disclosing material facts about a property. This obligation stems from the principle that sellers are required to inform potential buyers of any known issues that could affect the value, desirability, or safety of the property. Material facts can include structural problems, pest infestations, environmental hazards, and any other information that reasonably influences a buyer's decision to purchase.

Sellers are often legally obligated to provide a disclosure statement detailing known defects or issues, ensuring transparency in the transaction. This duty to disclose helps maintain fairness in the real estate market, protecting buyers from discovering significant problems after the sale has been completed.

While agents play a role in facilitating the transaction and may help in gathering and presenting this information, the ultimate responsibility for full disclosure lies with the seller. Buyers and appraisers may gather information and conduct inspections, but neither is held to the same standard of disclosure regarding the property’s condition as the seller is.