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A seller must disclose all known material defects and physical problems about a property to the buyer. This information takes the form of a disclosure statement and is designed to assist the seller in complying with state disclosure requirements. It can also assist the buyer in making a sound evaluation of the property that is being considered for purchase.
Every state has its own laws regarding disclosures - the form that is required to be completed will depend on where the seller lives. Some forms are only one page, while others, such as California are many pages long.
Here are some examples of what needs to be disclosed:
- Federal disclosure: If the home was built before 1978, the seller needs to disclose if the home has any lead-based paint.
- Material facts: The seller needs to disclose anything that would affect the buyer's decision to purchase or affect the price and terms of the buyer's offer. For example:
A human death on the property within the last three years needs to be disclosed - more than three years must be disclosed only if the buyer asks.
- External disclosures: Includes anything outside the home that currently affects or has the potential to affect the property. This includes:
Earthquakes
Natural hazards
Zoning changes
Flood zones
Fire hazards
Noise Pollution - such as any unusual neighborhood noise or traffic
Air Pollution
- Repairs: Any repairs to structural damage must be disclosed. For example:
Replacing the roof
Upgrading the plumbing
Fixing any foundation problems
Repairing a leaking slab
- Remodels: Any additions or re-structuring must also be disclosed.
To ease their concerns, many potential homebuyers hire a professional home inspector to determine the quality of their new home. These experts generate a report on the home's general condition, including the framework, electrical, plumbing, and more.
Disclosure is designed to inform the buyer about the investment about to be made. By fully disclosing the complete condition of the home, the seller can let the buyer know exactly what they are getting when they purchase the home. A home inspector can be a valuable part of the disclosure process, providing an "inside look" of a home.
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