Disclosure requirements come in several categories: |
Know Problems. Sample: |
|
.
|
Yes |
No |
Don't Know |
| 15. Has there been fire, wind, or flood damage that required repair? |
___ |
___ |
___ |
| 17. Are you aware of any past or present leaks in the roof? |
___ |
___ |
___ |
| etc. |
___ |
___ |
___ |
Natural Hazards. Sample: |
|
.
|
Yes |
No |
Don't Know |
| 36. Is property in an earthquake fault zone? |
___ |
___ |
___ |
| etc. |
___ |
___ |
___ |
Special Hazards. Sample: |
|
.
|
Yes |
No |
Don't Know |
38. Is property within one mile of past or present military training
facility that may contain potentially explosive munitions? |
___ |
___ |
___ |
| etc. |
___ |
___ |
___ |
| |
|
|
|
| Note: "Don't know" is an acceptable answer. The purpose of disclosure is to make the Seller tell what she knows, not to force a research project (except in California where the state understandably requires Sellers to find out if their property is in an earthquake zone). |
|
| |
Checklist. Sample: |
| ___ Burglar Alarms ___ Fire Alarms ___ Smoke Alarms ___ Dishwasher |
| ___ Satellite Dish ___ Washer/Dryer Hookups |
| etc. |
| |
Lead Based Paint Addendum. Sample statement: |
| Seller warrants that they neither have knowledge of, nor records or reports pertaining to lead-based paint and/or lead based paint hazards in the property. |
|
| |
Homeowner's Association Disclosure. Sample statements: |
| As Purchaser of Property in this community, you will be obligated to be a member of a homeowners association and subject to restrictive covenants governing the use and occupancy of properties in this community. |
| You will be obligated to pay assessments to the association and failure to pay these assessments could result in a lien on your property. |
|
| |
| Note: (Megan's Law) Some states require a statement as to how the Buyer can find out if known sexual offenders are residents of the neighborhood. |
|
| |
| Forms to cover most of the above are available from Office Max, Staples and other large office supply stores. Our For Sale by Owner Kit includes three forms to cover all of the above, including Megan's law. You can download the kit to your computer or we can mail it to your home. |
| |
| California: |
| The prize for the most complex disclosure forms goes to the California Association of Realtors (CAR), a private trade association, for their: |
| Real Estate Transfer Disclosure Statement (TDS-11) |
| Natural Hazard Disclosure Statement (NHD-11) |
| Eight page Residential Purchase Agreement and Joint Escrow Instructions (RPA-11) |
|
CAR sells these hefty three-part forms to California's realtors, and labors to create the impression that homes cannot be sold in California without them.
Audrie.com is not an attorney and we are not allowed to give legal advice, but we see no reason why a deal written on an Office Depot contract, or on a blank napkin, would not be legally binding in California. |
| If you can get California Association of Realtors (CAR) forms from a friendly realtor, use them. |
| If a qualified Buyer agrees to your price and terms, get his signature on whatever piece of paper you have at hand. (Okay, not a napkin, but a real estate purchase agreement from the neighborhood office supply store is just fine). |
| With a signed contract in hand, you can take your house off the market and enter negotiations for a new house. |
| Your closing attorney, escrow attorney, or mortgage lender's attorney will transfer relevant facts to other forms as they see fit. The forms decision will be made by a California attorney rather than a private, trade association for realtors. |
|
|
|
| Most states also require Sellers to meet Fair Housing and Anti-Discrimination requirements that make it illegal to choose a Buyer based on race, gender, religion, national origin or life-style. |
|
| |