2. NOTICE TO SELLER
Each Seller is obligated to disclose to a buyer all known facts that
materially and adversely affect the value of the property being sold
and that are not readily observable. This disclosure statement is
designed to
assist Seller in complying with disclosure requirements and to assist
Buyer
in evaluating the property being considered. The listing real estate
broker,
the selling real estate broker and their respective agents will also
rely
upon this information when they evaluate, market and present Seller’s
property
to prospective buyers.
3. NOTICE TO BUYER
This is a disclosure of Seller’s knowledge of the condition of the
property as of the date signed by Seller and is not a substitute for
any inspections or warranties that Buyer may wish to obtain. It is not
a warranty of any kind by Seller or a warranty or representation by the
listing broker, the selling broker, or their agents.
4. OCCUPANCY
Does Seller currently occupy this property? ( ) Yes ( ) No. If not,
how long has it been since Seller occupied this property?
_____________________________________________________________________________________________
5. LAND (SOILS, DRAINAGE AND BOUNDARIES)
(a) Is there any fill or expansive soil on the property? ( ) Yes ( ) No
( ) Unknown.
(b) Do you know of any sliding, settling, earth movement, upheaval or
earth stability problems that have occurred on the property or in the
immediate neighborhood? ( ) Yes ( ) No
(c) Is the property located in an earthquake zone? ( ) Yes ( ) No
(d) Is the property located in a flood zone or wetlands area? ( ) Yes (
) No
(e) Do you know of any past or present drainage or flood problems
affecting the property
or adjacent properties? ( ) Yes ( ) No
(f) Do you know of any encroachments, boundary line disputes, or
easements affecting the property? ( ) Yes ( ) No
(g) If any of your answers in this section are “Yes,” explain in
detail: ___________________________________________
______________________________________________________________________________________________
6. ROOF
(a) Age: _______________ years.
(b) Has the roof ever leaked during your ownership? ( ) Yes ( ) No
(c) Has the roof been replaced or repaired during your ownership? (
) Yes ( ) No
(d) Do you know of any problems with the roof or rain gutters? ( ) Yes
( ) No
(e) If any of your answers in this section are “Yes,” explain in
detail: ___________________________________________
______________________________________________________________________________________________
7. TERMITES, DRYROT, PESTS
(a) Do you have any knowledge of termites, dryrot, or pests on or
affecting the property? ( ) Yes ( ) No
(b) Do you have any knowledge of any damage to the property caused by
termites, dryrot, or pests? ( ) Yes ( ) No
(c) Is your property currently under any warranty or other coverage
by a licensed pest control company? ( ) Yes ( ) No
(d) Do you know of any termite/pest control reports or treatments for
the property in the last five years? ( ) Yes ( ) No
(e) If any of your answers in this section are “Yes,” explain in
detail: ___________________________________________
______________________________________________________________________________________________
8. STRUCTURAL ITEMS
(a) Are you aware of any past or present movement, shifting,
deterioration, or other problems with
walls or foundations? ( ) Yes ( ) No
(b) Are you aware of any past or present cracks or flaws in the walls
or foundations? ( ) Yes ( ) No
(c) Are you aware of any past or present water leakage in the house? (
) Yes ( ) No
(d) Are you aware of any past or present problems with driveways,
walkways, patios, or retaining walls
on the property? ( ) Yes ( ) No
(e) Have there been any repairs or other attempts to control the cause
or effect of any problem
described above? ( ) Yes ( ) No
(f) If any of your answers in this section are “Yes,” explain in
detail. When describing repairs or control efforts, describe the
location, extent, date, and name of the person who did the repair or
control effort: ________________________________
______________________________________________________________________________________________
9. BASEMENTS AND CRAWL SPACES (Complete only if applicable)
(a) Does the property have a sump pump? ( ) Yes ( ) No
(b) Has there been any water leakage, accumulation, or dampness within
the basement or crawlspace? ( ) Yes ( ) No
(c) If “Yes,” describe in detail:
_______________________________________________________________________________________________
_______________________________________________________________________________________________
(d) Have there ever been any repairs or other attempts to control any
water or dampness in the
basement or crawlspace? ( ) Yes ( ) No
(e) If “Yes,” describe the location, extent, date, and name of the
person who did the repair or control effort: ______________
_______________________________________________________________________________________________
10. ADDITIONS/REMODELS
(a) Have you made any additions, structural changes, or other
alterations to the property? ( ) Yes ( ) No
(b) If “Yes,” did you obtain all necessary permits and approvals and
was all work in compliance
with building codes? ( ) Yes ( ) No
(c) If your answer is “No,”
explain____________________________________________________________________
(d) Did any former owners of the property make any additions,
structural changes, or other alterations
to the property? ( ) Yes ( ) No ( ) Unknown
(e) If “Yes,” was all work done with all necessary permits and
approvals in compliance with building codes?
( ) Yes ( ) No ( ) Unknown
(e) If your answer is “No,” explain:
__________________________________________________________________
_____________________________________________________________________________________________
11. PLUMBING-RELATED ITEMS
(a) What is your drinking water source? ( ) Public ( ) Private System (
) Well on Property
(b) If your drinking water is from a well, when was your water last
checked for safety and what was the result of the test?
_____________________________________________________________________________________________
(c) Do you have a water softener? ( ) Yes ( ) No ( ) Leased ( ) Owned
(d) What is the type of sewage system: ( ) Public Sewer ( ) Private
Sewer ( ) Septic Tank ( ) Cesspool
(e) Is there a sewage pump? ( ) Yes ( ) No
(f) When was the septic tank or cesspool last serviced?
___________________________________________________
(g) Do you know of any leaks, backups, or other problems relating to
any of the plumbing, water, and
sewage-related items? ( ) Yes ( ) No
(h) If your answer is “Yes,” explain in detail:
____________________________________________________________
_____________________________________________________________________________________________
12. HEATING AND AIR CONDITIONING
(a) Air Conditioning: ( ) Central Electric ( ) Central Gas ( ) Window (
) # of Units Included in Sale
(b) Heating: ( ) Electric ( ) Fuel Oil ( ) Natural Gas ( ) Other:
________________________________________________
(c) Water Heating: ( ) Electric ( ) Gas ( ) Solar
(d) Are you aware of any problems regarding these items? ( ) Yes ( )
No. If “Yes,” explain in detail: ___________________
_______________________________________________________________________________________________
13. ELECTRICAL SYSTEM
Are you aware of any problems or conditions that affect the value or
desirability of the electrical system? ( ) Yes ( ) No
If “Yes,” explain in detail:
___________________________________________________________________________
______________________________________________________________________________________________
14. OTHER EQUIPMENT AND APPLIANCES BEING SOLD
Mark the items included in the sale of your property:
( ) Electric Garage Door Opener ( ) Number of Transmitters; ( )
Security Alarm System; (CIRCLE ONE) Owned / Leased;
( ) Smoke Detectors; How Many? ______________; ( ) Lawn Sprinklers;
( ) Automatic Timer; ( ) Swimming Pool; ( )
Pool Heater; ( )Spa/Hot Tub; ( ) Pool/Spa Equipment (list):
_______________________________;
( ) Refrigerator; ( ) Stove; ( ) Microwave Oven; ( ) Washer; ( ) Dryer;
( ) Dishwasher; ( ) Trash Compactor; ( ) Intercom;
( ) Ceiling Fans; ( ) Other:
__________________________________________________________________________;
Are any of these in need of repair or replacement? ( ) Yes ( ) No. If
“Yes,” explain in detail: _________________________
_______________________________________________________________________________________________
15. NEIGHBORHOOD
Are you aware of any condition or proposed change in your neighborhood
that could adversely affect the value or desirability of the property,
such as noise or other nuisance, threat of condemnation or street
changes? (
) Yes ( ) No . If “Yes,” explain in
details:_________________________________________________________________________________________
16. TOXIC SUBSTANCES
(a) Are you aware of any underground tanks or toxic substances present
on the property (structure or soil) such as asbestos, PCBs accumulated
radon, lead paint, or others? ( ) Yes ( ) No. If “Yes,” explain in
detail: __________________________
______________________________________________________________________________________________
(b) Has the property been tested for radon or any other toxic
substances? ( ) Yes ( ) No. If “Yes,” explain in detail:
______________________________________________________________________________________________
17. CONCONIMIUMS AND OTHER HOMEOWNERS ASSOCIATIONS
(a) Is the property part of a condominium or other common ownership
or is it subject to covenants, conditions, and restrictions (CC &
R’s) of a homeowner’s association? ( ) Yes ( ) No. (If your answer is
“no”, you may ignore the remainder
of this section.)
(b) Is there any defect, damage, or problem with any common elements or
common areas which could affect their value or
desirability? ( ) Yes ( ) No ( ) Unknown
(c) Is there any condition or claim which may result in an increase
in assessments or fees? ( ) Yes ( ) No
( ) Unknown. If your answer to (b) or (c) is “Yes,” explain in detail:
___________________________________________
18. OTHER MATTERS
(a) Is there any existing or threatened legal action affecting the
property? ( ) Yes ( ) No
(b) Do you know of any violations of local, state, or federal laws or
regulations relating to this property? ( ) Yes ( ) No
(c) Is there anything else that you feel you should disclose to a
prospective buyer because it may materially and adversely affect the
value or desirability of the property, e.g., zoning violation,
non-conforming units, setback
violations, zoning changes, road
changes, etc.? ( ) Yes ( ) No
If any of your answers in this section are “Yes,” explain in
detail:______________________________________________
______________________________________________________________________________________________
The undersigned Seller represents that the information set forth in
the foregoing disclosure statement is accurate and complete. Seller
does not intend this disclosure statement to be a warranty or guarantee
of any kind. Seller authorizes Listing Agent to provide this
information to prospective buyers of the property and to real estate
brokers and salespeople. Seller understands and agrees that Seller will
notify Listing Agent in writing immediately if any information set
forth in this disclosure statement becomes inaccurate or incorrect in
any way through the passage of time.
Seller: ________________________________________________________ Date:
____________________________
Seller: ________________________________________________________ Date:
____________________________
RECEIPT AND ACKNOWLEDGEMENT OF BUYER
1. I HAVE BEEN ADVISED TO HAVE THE PROPERTY EXAMINED BY PROFESSIONAL INSPECTORS. I ACKNOWLEDGE THAT NEITHER ANY BROKER OR AGENT INVOLVED IN THIS TRANSACTION IS AN EXPERT AT DETECTING OR REPARIING PHYSICAL DEFECTS IN THE PROPERTY.
2. I UNDERSTAND THAT UNLESS STATED OTHERWISE IN MY CONTRACT WITH
SELLER, THE PROPERTY IS BEING SOLD IN ITS PRESENT CONDITION ONLY
WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND BY SELLER OR ANY BROKER OR
AGENT. I STATE NO
REPRESENTATIONS CONCERNING THE CONDITION OF THE PROPERTY ARE BEING
RELIED
UPON BY ME EXCEPT AS DISCLOSED ABOVE OR STATED WITHIN THE SALES
CONTRACT.
Buyer: _______________________________________________________ Date:
____________________________
Buyer: _______________________________________________________ Date:
____________________________
THIS IS A LEGALLY BINDING DOCUMENT. IF NOT UNDERSTOOD, CONSULT AN
ATTORNEY.