😈 “Just Check the Box”: The Silent Temptation to Lie on a Seller’s Disclosure

When ‘no leaks’ comes with a side of lies.

It doesn’t start with evil intent. It usually starts with just one little box.

A seller stares at the form and thinks: “It only leaks when it rains hard... and it hasn’t rained hard in months. So… no leak?” Or: “The HVAC still works if you wiggle the wire and pray. That counts as functional… right?”

This is how it happens: A home that’s loved but lived in becomes a liability in writing.  And when sellers feel cornered between telling the truth or risking a sale, some start thinking about how to word things differently—or not at all.

Let’s talk about it.

💥 The Most Common Seller “Fudges”—and Why They’re a Problem

“No, the roof’s never leaked…” (But we did patch that one spot last year)

It’s one of the most common—and costly—omissions. The seller glances at the question about past roof leaks and confidently marks “No,” justifying it with the memory of a handyman, a quick patch, and a rain-free season. To them, the issue was resolved. But to a buyer, “never leaked” means never. When the inspector crawls into the attic and finds water stains, soft decking, or signs of past moisture intrusion, it doesn’t matter if it’s dry today. That past leak becomes a current liability—and more often than not, the buyer walks away, wondering what else wasn’t disclosed.

“A/C works fine!” (If you set it to 72 and wait an hour)

Technically, it blows cold air—eventually. But that doesn’t mean it’s functioning properly. The unit is aging and moody, and the outside condenser sounds like it’s about to lift off. Still, the seller marks “Yes” under ‘Cooling System Operable,’ figuring it’s not their problem if it limps along long enough to close. But once the buyer moves in—especially in a Texas summer—they quickly discover the system can’t keep up, and a visit from an HVAC tech reveals burnt-out coils or a unit on its last leg. Now the buyer’s sweating indoors and reviewing legal options. All because “working” was treated more like a loophole than a truth.

“No wood-destroying insects” (We sprayed last month…)

The treatment was done, the bugs are gone, and the wood looks fine on the surface. So, the seller marks “No” to past or present infestations—thinking the issue is buried along with the dead termites. But that’s not how the disclosure works. It asks about any history, not just what’s currently crawling. And if a buyer later finds evidence of prior termite damage—or worse, a report revealing past treatment that wasn’t disclosed—it’s not just an awkward conversation. It’s grounds for backing out, renegotiating, or even filing a claim for fraud. What felt like a harmless omission becomes a legal landmine.

“No drainage problems.” (Unless you count the backyard turning into a swamp)

It’s easy to forget about water issues when everything’s bone dry during listing season. The seller shrugs off the question, thinking the soggy lawn was just “seasonal” and the French drain they installed solved the worst of it. But drainage problems don’t disappear just because it hasn’t rained lately. When the first heavy storm hits, the backyard becomes a wading pool, the side yard turns into a slip ‘n slide, and the buyer’s car sinks halfway into the lawn. Suddenly, that unchecked box on the disclosure becomes a major problem—and the buyer has proof it was known and ignored. One muddy mess turns into a potential lawsuit, termination or back to negotiating at minimum.

 “No electrical issues.” (But the hallway light’s been flickering since 2007)

To the seller, it’s just a quirk—flip the switch twice and the light behaves. So they confidently check “No,” assuming the question only applies to dangerous or recent problems. But disclosures don’t ask if something is catastrophic—they ask if it works as intended. That flickering light could signal faulty wiring, and paired with outdated or ungrounded outlets, it paints a bigger picture. The buyer’s inspector doesn’t just notice the flicker—they test and find multiple safety issues behind the walls. Now the buyer is demanding a licensed electrician and $(?.??) in repairs… or they’re out. All because “minor” was mistaken for “nothing.”

The Devil in the Checkbox

Why do people lie? It's not always malicious. It's fear, wishful thinking, or even bad advice.

“Let the inspector find it.”“Don’t say too much—it’ll kill the deal.”

But here’s the truth: A home sale is a legal contract—not a game of hide-and-seek. The Seller’s Disclosure is a sworn document. If something comes up later—and it will—you’re not just risking a deal falling through. You’re risking being sued for fraud.

Want to Be Smart? Here’s What to Do Instead:

Disclose everything you know—even if it was fixed. Buyers value transparency, and most issues are easier to deal with when they’re out in the open. What kills deals isn’t the flaw—it’s the surprise.

Use the extra comment lines to your advantage. If the foundation had a crack in 2020 and was repaired with a lifetime warranty, say so. That kind of honesty builds trust and gives buyers peace of mind.

Be proactive, not paranoid. If you’re worried something might scare off a buyer, either fix it ahead of time or price the home accordingly. A known issue that’s accounted for is far better than an unexpected discovery during inspection.

Work with an agent who isn’t afraid of the truth. You need someone who helps you tell your home’s story clearly and confidently—not someone who advises silence and hopes no one notices. The best deals come from honesty paired with strategy.

Lying on a disclosure is like painting over mold. You might not see it at first—but give it time. It always surfaces. And when it does, the cost is never worth the shortcut.

A quick word to buyers: Don’t assume the disclosure tells the whole story. It’s a starting point—not the final word. Ask questions, dig deeper, and let your inspector be thorough. A little due diligence now can save you a mountain of regret later. It doesn't hurt to leave a copy of the sellers disclosure on the kitchen table for the Inspector. 😉

—Amanda Allen, Realtor

Your Advocate in All Things Home📞 903-603-0648