Property disclosures when selling your home.
Property disclosures. The facts you need to know!
If you are planning to sell your home without a realtor, you need to understand the laws governing the sale. Following the rules and regulations will save you money, time, and possible unpleasant legal concerns.
All statutory conditions must be researched before you attempt to advertise your home for sale. You want to be sure that you understand the full scope of your responsibility as an independent seller before you place your home on the market.
Most states require that if you’re selling your home, regardless of whether it’s through a real estate agent or as an FSBO (For Sale by Owner), you must give a potential buyer a Seller Disclosure of Property Conditions form.
This form contains information about your property that would affect the living conditions or the resale value of the home. This disclosure includes any past or current problems with the property. Check out the different categories of property disclosure called for in your state, and make sure that you list the necessary information required under each one.
Here are some examples of the categories that are included in a disclosure form. These items may or may be part of your particular state’s requirements, so be sure to check your state and local agencies for complete and accurate information.
House Systems – Includes plumbing, electrical, appliances, doors and windows, security system, pool, sprinklers, sump pumps, cooling and heating.
Foundations/Structures/ Basements – Includes leaking and repair issues as well as drainage problems surrounding the house.
Roof – Includes age, leaking and repair issues, second and new roof installation, time frame of roof repairs, and when or how often the roof leaks.
Land/Drainage – Includes soil permeability issues such as drainage or flooding problems, or any other water sources such as a lake, spring or creek.
Boundaries – Includes survey issues such as boundaries of property line, markage of known property lines and by what means, property easements for your area, as well as any other obstructions to property such as encroachments by other property owners.
Water – Includes source of water and water pressure issues, purification systems and tests conducted on water quality.
Sewer System – Includes how property is serviced for sewage waste, such as septic, public utilities or cesspool. Dates of inspection and known problems.
Construction/Remodeling - Includes information on any new buildings or remodeling to existing structure, and the necessary building permits.
Homeowner’s Association – Includes information of any homeowner’s association rules and guidelines.
Miscellaneous – Includes many areas too numerous to list, but some areas of information encompasses testing for radon gases, termite damage, abandoned under ground storage areas such as septic tanks or cisterns. Issues such as warranties, legal actions, or weather related damage such as tornadoes.
There are also federal laws regulating home sales. Two issues are presence of lead paint and the conformity to fair housing laws.
According to federal law, you must disclose if your home was built or remodeled before 1978. This law was passed and is now enforced by the EPA (Environmental Protection Agency) because test results have shown that lead-based paints can cause detrimental affects on human health, especially in babies and small children. Federal law mandates disclosure of test results and the opportunity for the buyer to test.
The Fair Housing Act, under the Civil Rights Act of 1968, requires that sellers may not discriminate based on race, color, national origin, religion, sex, familiar or handicapped status.
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