What’s the Deal with Seller’s Disclosures?

State and federal laws are strict in requiring sellers to tell what they know about the condition of their homes that isn’t obvious or discernable to potential buyers. Buyers can’t see behind walls or under houses, so they rely on truthful information from the seller about the operations, appliances and systems of the home.

When you sell your home, your real estate agent will present you with a disclosure form called a ‘Residential Seller’s Property Real Disclosure Statement’. It’s important to answer every question as truthfully as you can. You must answer the questions yourself – your real estate professional can not fill out the disclosure for you, but he or she can help you understand what’s being asked of you. If you’re in doubt about what to disclose, such as a repair, it’s best to err on the side of too much information than not enough. If you answer that you don’t know the condition of an appliance you use daily, such as a sink or bathtub, you might raise suspicions in the buyer.
Even if the seller has never occupied the property he or she can certainly complete the property address, and several other items on the SPDS, such as information about ownership and utilities. It is also very likely that when they purchased the property they had inspections done or received SPDS themselves. Whatever they found out at that time still needs to be disclosed.

When you disclose a problem to the buyer that has previously been fixed, be sure to provide a copy of work orders, receipts and invoices. If the problem hasn’t been fixed, expect the buyer to either ask you to fix it, or to offer a little less for the home. Remember, the more that’s left unrepaired, the more the buyer will discount the offer, if he makes one at all. Homes in the best condition sell the best.

The seller’s disclosure is designed to do one thing — hold you and your real estate agent harmless if you’ve disclosed the truth about your property. You don’t want to give the buyer any room for complaint or litigation after the closing. Don’t be afraid of the seller’s disclosure. It’s not meant to be a deal-killer, but a deal-maker. Many agents provide a copy of the disclosure to interested buyers, so they can get an idea of the home’s condition before they make an offer or have an inspection.

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Source: Realty Times

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