Seller’s Property Condition Disclosure

One of the documents used in selling and buying a home is the Seller’s Property Condition Disclosure.

The seller is obligated under law to disclose to buyers defects in the property known to seller that materially and adversely affect the value of the property that cannot be discovered by a reasonable inspection by an ordinary prudent buyer. This disclosure form is designed to assist seller in complying with these disclosure requirements. Sellers, please thoroughly disclose your actual knowledge regarding the condition of the property.

This document is a comprehensive questionnaire that walks through the physical aspects of a home. The seller will complete this document and present to a buyer as part of their disclosures. A non-occupant owner may not be able to disclose such information. For example, a bank that foreclosed has no way of really knowing the condition and issues that can come with a home. Such sellers will have a NON-Disclosure agreement.

  • 1. Occupancy. Does the seller currently occupy the property? A non-occupant owner may have less knowledge of the condition.
  • 2. Roof. Does it leak? Has it ever leaked? Any other problems?
  • 3. Utilities.
  • 4. Water. This about water and irrigation rights.
  • 5. Sewer/Septic.
  • 6. Heating/Cooling.
  • 7. Equipment. Air purifier, audio systems, central vacuum, etc.
  • 8. Appliances.
  • 9. Fireplaces/Stoves.
  • 10. Interior Features. Ceiling fans, elevators, dumb waiters, skylights, etc.
  • 11. Exterior Features. Lawn sprinklers, heated driveway, gas BBQ, etc.
  • 12. Termites/Dry Rot/Pests.
  • 13. Additions/Remodels.
  • 14. Structural Items & Soils.
  • 15. Boundaries and Easements.
  • 16. Use of Property. Is the current use a legal use (renting two units but it’s zoned for a single family)?
  • 17. Electrical.
  • 18. Mold (not shower mold).
  • 19. Other Moisture Conditions. Crawl spaces, poor lot drainage, etc.
  • 20. Hazardous Conditions. Asbestos, lead, methamphetamine, etc. Any attempts to mitigate such?
  • 21. Homeowners Association. If yes, what are the fees?
  • 22. Unpaid Assessments. HOAs can assess a fee for upcoming or completed maintenance items.
  • 23. Insurance. Have there been damages which prompted an insurance claim?

 

 
 

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