Practical guides

How can you disclose your home's defects without doing it a disservice?

Observation, diagnosis, repairs and uncertainties: prepare precise facts to describe your home's known defects before a sale.

# How can you disclose your home's defects without doing it a disservice? Present a known defect with facts: what you observed, the available diagnosis, documented work and uncertainties. This method does not guarantee that the price will hold. It helps describe the problem without letting it define the whole house. A precise explanation replaces neither a technical assessment nor the notary's examination of the file. ## What should you prepare for each known defect? We recommend a short record with the available supporting documents: - The location, date first observed and known circumstances. - The professional's report, its date, scope and reservations. - The work carried out, invoices and subsequent observations. - Outstanding questions and the investigation to entrust to a specialist. Distinguish the symptom from its cause. A mark after rain does not by itself prove a roof leak. A quotation remains a proposal; it does not prove that work was carried out. An invoice documents an intervention, not necessarily the permanent disappearance of the problem. If the cause remains unknown, request a targeted diagnosis and its price before commissioning it. Then have remedial work costed, distinguishing essential work from optional improvements. No reliable budget can be given without an examination. ## Which words should you use in the listing and during viewings? Present the home's genuine strengths and describe the defect proportionately. 'Some work needed' does not explain a specific problem already known to you. Do not call a crack 'harmless' without a diagnosis; equally, do not conclude from a photograph that there is a structural problem. Fictional example: 'A crack is visible beside the sitting room window. No diagnosis has yet been made. A technical inspection is needed.' This sentence distinguishes what has been observed from what remains unknown; it is not a contractual clause for a sale. During the viewing, show the area concerned and use the same facts. If repairs have been made, present the invoice and available observations since then, without promising that the problem will never recur. Our [guide to selling a house needing renovation](https://youhome.immo/journal/maisons-a-renover-vendeurs/) places this preparation within the sale project. ## When should you provide information and documents? The scope of the duty to inform depends, among other things, on the law, good faith, customary practice, the parties' status and their reasonable expectations. [Articles 5.16 and 5.17 of the Civil Code](https://www.ejustice.just.fgov.be/cgi_loi/article.pl?cn_search=2022042827&language=fr&lg_txt=f) govern this duty and pre-contractual liability. This does not mean every detail must appear in every listing: work with your estate agent and notary to determine what information to provide and when. Do not automatically wait for the sales agreement, known in Belgium as the 'compromis'. A contract is formed by acceptance of an offer meeting the legal conditions, under [articles 5.18 to 5.20](https://www.ejustice.just.fgov.be/cgi_loi/article.pl?cn_search=2022042827&language=fr&lg_txt=f). Provide material information before the relevant commitment and have the offer's conditions examined. Intentionally withholding information that should have been disclosed may constitute 'dol', meaning intentional deception, under [article 5.35](https://www.ejustice.just.fgov.be/cgi_loi/article.pl?cn_search=2022042827&language=fr&lg_txt=f). Reassuring wording is therefore no substitute for accurate information. The legal consequences are assessed according to the facts. ## What are the answers to frequently asked questions? ### Should an old stain be presented as an active leak? No. Describe the known history, documented repair and recent observations. If the current condition has not been established, say so and ask which inspection would be useful. ### Does a quotation require an equivalent price reduction? We recommend treating it as a point for discussion, not an automatic reduction. Its scope, conditions and date should be compared with the home's condition and market references. ### Does a record of defects replace an expert assessment? No. It organises the available information without certifying the cause, severity or resolution of a defect. The technical specialist and notary retain their respective roles. In the Province of Liège, our method compares the home's documented condition with market references. To prepare this comparison, you can [request your valuation report](https://youhome.immo/en/valuation/request/).