What does Utah law require regarding the disclosure of real estate defects?

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Under Utah law, sellers of real property are required to disclose any known defects that could materially affect the property's value or desirability. This obligation stems from the principle of promoting transparency in real estate transactions and protecting buyers from unforeseen issues. Sellers must provide a Property Condition Disclosure Statement, which outlines any known defects, including but not limited to structural issues, pest infestations, and other material defects that could influence a buyer’s decision.

This requirement is designed to ensure that potential buyers are fully informed about the condition of a property before making a purchase, promoting fairness in the market. Since the law emphasizes the necessity of full disclosure, the responsibility lies with the seller to proactively inform the buyer about all known issues, rather than waiting for the buyer to ask or only disclosing significant defects.

The other options fall short of these legal standards: not requiring any disclosure would leave buyers vulnerable to undisclosed issues; disclosing only when requested does not cover the proactive requirement; and limiting disclosure to major defects fails to account for the wide range of issues that could materially impact a buyer's decision. Thus, the answer requiring the disclosure of all defects accurately reflects Utah’s legal framework for real estate transactions.

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