Seller Disclosure – Everything You Need Know About It

By: ROS Team

Buying a home is a once-in-a-lifetime investment. It takes a great deal of time and energy to garner enough resources to buy a home. We are too careful even when buying a grocery for the home so it is natural that we have qualms before transferring our life saving into someone’s account. You need to take into account every aspect of possible danger to your investment.

Though the disclosure has to state the condition of the property, the extent of what has to be revealed varies from state to state and even from city to city. Federal law makes it mandatory to mention the existence of asbestos or lead-based paint in the home or other known health or safety risks.

On the other hand, sellers are under clouds of confusion about how their home’s drawbacks will affect the sale. Since there remain problems in homes and home sellers issue seller disclosure forms explaining all of the problems in the property. It is likely to make sure the buyer has maximum information about the property and knows what they are looking for in a home? Seller disclosure protects sellers, too.

To impart each detail of the seller disclosure, we have compiled this guide so that you do not remain at the receiving end with the most valuable investment of your life.

What Is a Seller Disclosure?

A formal document that sellers need to write before stepping into the market is called seller disclosure, or home disclosure. It has to carry the information about the property, about any issues they know in the apartment. It is helpful for the buyers to make a better cost estimation of the home, and not be surprised by any contrast of information during the physical inspection.

There is no universal form for that purpose and most of the time it is tailored by the states or local authorities. They lay down the outline for what needs to be mentioned in the disclosure form.

When Is Seller Disclosure Filled Out?

It is one of the required forms for selling a home. Here again, directions vary from state to state but generally, it is required to fill out at the time of listing your home. Or another practice is to only let the potential buyer a glimpse of the seller’s disclosure. The rule of thumb is, that it has to be handover before the signatures when striking a deal.

What Is Included In A Seller Disclosure?

The discussion over what shall be included in the seller disclosure remains open to debate. The idea is taken in a different light by different people. Over and large, it depends on your location in the country.

Generally, The Following Are Required To Be Included:

• The issue related to the home’s structure, be it temporarily or permanent like electrical, plumbing,
• If there were any structural changes in the building.
• Major repair work was executed in the home.
• Construction permits were taken if any construction was done.
• Mention health side effects such as lead paint
• If there is any issue related to neighbors like noises.
• Any legal correspondence with the authorities or bankruptcy bankruptcies associated with the property
• Any potential danger as a result of natural forces like flood, earthquake fault.

What Kind Of Seller Disclosure Do You Need To Follow?

It is quite a misleading reality that how would you know what seller disclosure you need to follow? The rule of thumb for that matter is to follow the instruction laid down by your state. You have to do some research work in this regard to get to know about the local law.

Another option is to consult your real estate agent. They are specialists in this business and know minor details about each aspect of buying or selling. Incorporate his/her experience and knowledge into your seller’s disclosure.

You may reach out to the authorities if they have any filled form available where you have to fill in yes or no simply.

Does Being Honesty Go Against Your Interest?

There is no substitute for honesty. You might feel it is scary and counter-productive to your goal but believe me it goes in your best interests. A well-explained seller disclosure form for a home becomes your strength and it saves you from a lot of trouble.

You shall incorporate information that might concern a home inspector. If you missed out on the issue and the inspector discovered it during the inspection, it is likely to jeopardize your campaign for selling a home.

The major disadvantage will be the trust deficit. The moment they discovered something not mentioned in the seller disclosure, all your statements becomes questionable? They start wondering what else you are hiding.

And if anything is found out after the sale, the buyers may pursue you legally in court for not disclosing the important information.

Sometimes, you might miss certain information unintentionally and out of a mistake. In that case, a seller is not held responsible. The seller is required to disclose every known detail. They will not be held responsible if they answer “no” or “unknown” to one or more disclosure questions in the form.

In Nutshell:

The seller disclosure form carries important information that a buyer should know. Trying to be honest to the best of your knowledge will save you from any kind of complaint by the buyer in the future. So, it is good for both parties.

Read Also:

What Is a Seller Assist and How Does It Work?
Quick Guide to the Seller’s Net Sheet
Sellers Closing Costs: How Can Sellers Upset Closing Costs?
Can a Seller Back Out of a Purchase Agreement without Legal Penalties?