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Property Disclosures
So many people are talking about property condition and what they have to disclose when they list their homes for sale. Hopefully this article will point you in the right direction. Long gone are the days of "buyer beware" ! We have the most litigious society in our history--so welcome to the era of "seller beware"! Most states have regulations requiring a seller to notify a buyer of the known condition of the property and any known defects. Failure to do so could result in a devastating civil lawsuit! Most states have forms for you to provide the buyer detailing this information. I will provide you a list outlining most of the required disclosures; however, you need to find out what your state requirements are. You can do this by asking a local REALTOR, an attorney, state real estate board or title company representative. While your state may be absent of regulations regarding disclosure, you might consider it a moral obligation rather than a legal obligation to disclose certain property traits. Expect to disclose the following: What items the property has (and whether or not they convey) like: range, dishwasher, washer/dryer hookups, oven, trash compactor, window screens, microwave, gutters, alarm system, satellite system, intercom/stereo system, ceiling fans, cable television wiring, television antennae, window air condition units, central air and heat, attic fans, plumbing system, septic system, public water and sewer system, fence, patio and decks, swimming pool, hot tub, yard sprinklers, fireplace, garage, garage door openers, water heater, etc... See your local requirements to add and delete from this listing. Do these items work properly? If any of these items do not function as they are intended you will need to let the buyer know. If an item is not functioning as it is intended, do you plan on fixing or replacing it? What about the roof? You need to have atleast a basic knowledge of the type, condition and age of your roof. If you have had a roof put on during your ownership try to find the records. If the roof is under warranty find out if the warranty is transferable to the new owner. Have you had repairs made? Did they come with a warranty? Knowing the type and age of your existing roof will help the buyer calculate the life span of that particular roof and make allowances for repairs. What about walls, ceilings and doors? Do you have holes in walls or stains on your ceiling? How about doors that don't hang right? If you're not planning on fixing them (which we will talk about later) you better disclose them. If you are planning on
The copyright of the article Property Disclosures---Hmmm What Do We Disclose? in Real Estate is owned by . Permission to republish Property Disclosures---Hmmm What Do We Disclose? in print or online must be granted by the author in writing.
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