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Yes you can sell the home even though the claim has not been paid. As long as you owned the property at the time of loss then the claim will be covered. Depending on the terms of your policy the only down side to this could be that if the damaged property is part of the house that you did not replace then the claim may be processed on an actual cash value rather than replacement cost. This is because with most homeowner policies in order for the company to pay the replacement cost of the property lost you have to actually replace the property. An example would be if your home was broken into and your television is stolen. The company will generally pay you the actual cash value of the television if you decide not to replace it. If you do buy a new one to replace it then they would pay you the difference.

Answer

You are also required by law to disclose any un-repaired damage to the new buyer.

Open claims will stop any reputable Realtor from selling your home and most intelligent buyers in their tracks from buying until the claim has been resolved.

Failure to disclose as required by law can subject you to justified suit by the new owner if they discover that you failed to dully disclose the information.

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