Seller’s Disclosure: A Comprehensive Guide

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Your seller’s disclosure isn’t just important for potential buyers, but for you as well. When you try to sell your property, you will be required to disclose the necessary information.

This should be in the form of a document that is well-written and professionally researched. The exact requirements for what goes into your seller’s disclosure will vary from state to state.

This is why you should do your research thoroughly and find out what information you need to disclose if you want to sell a house in your state.

A seller’s disclosure is meant to provide information about the condition of a property. This is especially important when the property is experiencing some catastrophic condition and it may have a serious effect on its value.

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If you choose to conceal such information willfully, then it’s possible for the buyer to eventually sue you. Even if you are going to sell your home ‘As Is’, this doesn’t imply that you won’t have to create your seller’s disclosure.

You will also have to consider the seller’s closing cost when writing your seller’s disclosure. You can easily do this using Houzeo’s seller closing cost calculator.

The rules related to disclosure can affect people who are trying to sell their homes. This especially applies to people who flip homes. That is people who purchase houses and then renovate and upgrade them before reselling them.

The Difference Between Local Laws

Disclosure provisions tend to vary from state to state. In some states, disclosure laws have loopholes as well. You should pay special attention to this.

In the state of New York, for example, you’re required to disclose specific problems to the buyer in the form of a statement. The only time this doesn’t apply is when you choose to pay $500 worth of credit to the buyer while you close the deal.

You can approach the real estate planning department in your state to understand what the legalities in your state are. When you know what kind of information should be disclosed in a seller’s disclosure, you can easily craft one. You should also think about your seller closing cost calculator.

Here are the seller’s disclosures that you need to provide when trying to sell your property.

1. If Anyone Died There

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Some buyers may be superstitious, or may not want to buy a home where someone died. This is why you should provide such information in your seller’s disclosure. Take for example how in the state of Texas, death from natural causes, accidents or suicides don’t need to be disclosed.

However, if any violent crimes occurred on the property, then that will need to be disclosed. There are no states where you’re required to disclose the death of a person if they died naturally.

However, in some states, should there have been a suicide or a murder in your home, then you would need to disclose that. Keep in mind that if there are untoward rumors associated with your home, then a buyer may hear from it anyway.

They could find out from people who live in the area. If this happens, they are more likely to pull back from making a purchase.

2. Nuisances in the Neighborhood

If there are issues with noise or odors from somewhere outside your property that could affect the buyers, they should be made aware of that.

Take for example how in North Carolina you would need to disclose noises, smoke, and even odors from commercial or industrial sources that could affect the property. You would also need to report nuisances in Pennsylvania as well as Michigan.

Consider doing your research on what your state’s law says about disclosing nuisances in your seller’s disclosure.

3. About Hazards

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If there is any increased risk that could cause damage, say from a natural disaster or potential contamination of the environment, you would need to tell the buyers. In Texas, you will need to disclose the presence of everything from asbestos, to toxic waste and even radon gas.

In some states, you may also be required to dispose of where there is any mine subsidence. Should there be other kinds of instability related to the earth, this will need to be mentioned in your seller’s disclosure as well. This might affect the actual value of your property, to evaluate that skillfully, the seller’s closing cost calculator is there to help.

4. The Homeowner’s Association

If the home you want to sell is governed by the HOA, then it’s necessary for you to disclose this important piece of information. Keep in mind that the HOA can impose fees on homeowners on a monthly basis. Prospective buyers may or may not want to pay HOA fees.

5. Repair Work

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Have you done any kind of repair work recently? And if you have, why did you need to do it. Buyer’s will need to know the history of repairs for the home they intend to buy. In Texas, sellers will need to disclose information related to prior structural repairs, or roofing issues.

You can also think about disclosing information on electrical as well as plumbing work that you’ve done. Think about what kind of information about repair work you would want to be disclosed were you buying a home. Then disclose the same kind of information in your seller’s disclosure.

6. Damage From Water

It’s possible for water to reach places it’s not supposed to if there’s any water damage. Water can cause damage to personal possessions, can affect the structural integrity of a home, and can even cause an infestation of mold. This is why you’ll need to provide information regarding potential water damage, in your seller’s disclosure.

7. Missing Items

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Sometimes, a buyer may not realize that something is missing in their homes until they actually move in. A lighting fixture could be missing, or a refrigerator. The seller might have removed what they needed should there not have been any prior discussions with the buyers.

Conclusion

Through your seller’s disclosure, you provide the buyer with the necessary information about the property’s history and condition.

You should also consider the seller closing cost calculator while evaluating your home’s final closing cost. Use this guide to learn all about what should go into your seller’s disclosure.