St Petersburg Home Inspector, What should Sellers Disclose to Home Buyers?
By law, real estate agents cannot fill out any sellers’ home disclosures unless the agent is the seller or a party to the transaction. However, that doesn’t stop some naive agents from completing disclosures on behalf of their clients and opening themselves up for potential lawsuits. After all, it’s mostly lawsuits that have prompted the creation of many of the disclosure forms agents ask sellers to complete.
If your agent can’t tell you, ask a lawyer if you need to sign every disclosure handed you.
Every state has its own laws regarding disclosures, so the forms will vary depending on where you live. A federal disclosure such as Lead-Based Paint is required for all transactions if the home was built before 1978. The disclosure also gives the buyer 10-days to conduct inspections for lead-based paint, ( St Petersburg Home Inspector )unless that time period contingency is waived in writing. It’s considered good practice, however, to give every buyer, regardless of where she lives and regardless of the type of property she is under contract to purchase, the disclosure regarding lead-based paint. The potential for a lawsuit is too great to do otherwise. Besides, even though it’s prohibited, there are still places where lead paint is sold.
Video Credit to :Real Estate Lawyers.ca LLP
Causes of Death
Many home buyers are fine with news of a death occurring in the house as long as it wasn’t violent or gruesome. There are also buyers who believe homes are haunted by former occupants who died in the house. If you have specific details, you might want to consider sharing it with the buyer unless it pertains to AIDS. Check with your local laws and a real estate lawyer for advice about deaths surrounding AIDS because in some states, AIDS falls into a protected class and could be subject to discrimination claims as well. There are times you’re darned if you do and darned if you don’t.
Some states require disclosures about items that affect or could affect the property such as:
- Natural Hazards
- Zoning Changes
- Flood Zones
- Fire Hazards
- Noise Pollution
- Ground Pollution
- Air Pollution, among others.
Due to the volume of lawsuits, the California Association of Realtors publishes a number of disclosure forms for buyers, some of which tell a buyer that if she purchases a home on a golf course, errant golf balls might break her windows.
Do You Need to Disclose Every Home Repair?
If I were personally disclosing the condition of my own home to a buyer, I would not use the term “repair,” because it could be deemed to imply that the defect was permanently corrected. But if I had called a plumber to fix a leak under the sink, I would disclose:
- The pipes once leaked.
- I paid ABC Plumbers $175 to stop the leak.
- The pipes have not leaked since.
Are the pipes good as new? I don’t know. Probably not. I’m not going to guarantee it, however.
In lots of cases, home buyers feel a sense of relief if they know certain things have been repaired. It brings a security to buyers if they know a seller has:
- Replaced a roof
- Upgraded electrical & plumbing
- Bolted the foundation.
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