If a seller knowingly conceals
What is a sellers disclosure form and why do I need to fill one out? When you first list your or you will want to sit down with a listing agent and go over all the marketing strategies, pricing options and information on the actual listing. You will also need to fill out a dislosure form as well. This form will tell the perspective all they need to know about the home from your knowledge.
Each state requires a little different disclosures so check with the listing contract for what exactly is needed. The main issues that are safety issues are pretty standard such as lead base paint, major leaks or issues concerning serious problems. The biggest issue tends to be lead base paint disclosure. There maybe extra forms just for this issue.
If the home was built prior to 1978 there may be lead base paint in the home. Many paints manufactured before this time naturally had lead in them. If the home was built after this, there is usually no concern for it. Many homeowners have not owned the home longer than this anyway and even if it was built before 1978 they would have no knowledge if the home actual had lead based paint.
Most homeowners will check the box that says they have no knowledge if they themselves did not actually paint the home prior to 1978. As a buyer it’s important to be aware that a home built before 1978 probably does have some form of lead based paint under the layers of paint that has been painted over several times. Unless the buyer wants to sand the wall down to the bare sheet rock there usually is no way of knowing for sure. It is simply something to be aware of.
Other issues that may come up on a are roof leaks, or major damage to the home. If the has not personally experienced these issues they typically check no or don’t know. The seller must disclose certain information such as type of roof, type of septic or sewer system, type of siding, etc. Some disclosure forms even mention items such as paranormal activity or death in the home.
These are unusual of course and may not be on your form. If a seller knowingly conceals something and after the inspection or purchase, the problem is found, the seller can be liable. Otherwise, there is the phrase “buyer beware” that is most commonly accepted with and sellers. The most critical thing a buyer can do is have a professional, neutral inspection from someone not working for either party.
If they have no interest in the home, there is more reason to be honest about anything occuring. For more tips or to see a sample of a sellers disclosure form for the Southern Utah region, please anytime. We would be happy to explain and go over every detail of a purchase and sale contract. Other Useful Resources:.
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