No home is perfect. But even with that understanding, all buyers would prefer to know up front if a property has areas of real concern. That is why sellers are required by law to disclose defects in their home.*
Disclosures are made after a seller accepts an offer. Things that are often included on a disclosure document include:
- Condition of the legal title. If there are liens against the property or disputes over ownership, these must be revealed.
- Condition of services and necessities including sewer, electric and water. Buyers need to know that the home will meet their basic needs.
- Water damage. If the property is prone to flooding, is in a flood zone, or if the home has water damage, that information should be disclosed.
- Harmful materials. If the home has lead paint, asbestos or radon, list those on the disclosure sheet. If the materials have been remediated, include related work orders or proof of payment.
- Insect damage. Defects caused by termites, ants or other pests should be disclosed along with pertinent documentation.
- Home appliances and systems. Broken or malfunctioning items should be listed.
- Structural problems. Compromised foundations and roofs should be revealed.
- Additions and improvements. Sellers should itemize recent home improvements, renovations or changes.
The buyer then has the opportunity to evaluate the list. If the buyer finds the disclosures unacceptable, usually due to safety concerns or financial reasons, they may elect to cancel the transaction. Or, they may choose to proceed with a home inspection and see what that report reveals.
In either event, the disclosure form is designed to protect both the buyer and the seller and ultimately prevent a possible legal action.
* Disclosure laws vary from state to state. Please consult your real estate professional for more information.