When buying a house, one of the first things buyers should get from the seller is a property disclosure. This is also referred to as a property disclosure statement, a real estate disclosure form, or a home disclosure. The specifics vary by state, but most states, including ours, require some type of seller disclosure. The goal is to add transparency to the transaction and disclose any material facts that may impact a buyer's decision to purchase a home.
In this disclosure, a seller provides written information about known things that could impact the property's value. While there are many different things a seller must disclose, we're going to highlight three of the most forgotten (and impactful) items:
1. HOA information. If the home is located within a homeowners association, this fact must be disclosed. Associations generally impose monthly fees and assessments to homeowners, and they can impose rules on their membership that a prospective buyer might or might not find acceptable. A buyer also needs to know about the HOA's financial health and this needs to be provided to the buyer so they can make an informed purchasing decision.
2. Repairs. If your home requires any repairs that you are aware of, you have to disclose them to a potential buyer. In addition to repairs that need to be made, you must also disclose repairs that have been completed. Buyers need to know the home's repair history.
3. Federal seller’s disclosure requirement. If your home was built before 1978, federal law requires that you disclose that the property may expose occupants to lead from lead-based paint. It was federally banned for consumer use during that year.
The key thing to remember about disclosures is that when in doubt, disclose. Failing to disclose something you were aware of beforehand could lead to a messy legal situation.
If you have further questions about what you need to disclose when selling your home or anything else related to real estate, don’t hesitate to reach out to us at 602-352-3600, randy@10xHomes.com or ben@10xHomes.com. We look forward to hearing from you.
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