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Seller Disclosures

The Seller is required to disclose everything they know about their property and neighborhood as a condition of you purchasing their home.  However disclosing something does not mean the seller has to fix it.  They must simply disclose facts that affect the value of their home so that you can make an informed decision before you complete the sale.

Of course, the disclosure benefits the buyer, but disclosures also protect the seller.  An honest, written disclosure will prevent you from dragging the seller into court since you entered the purchase “with your eyes wide open.”  If told before the sale everything known by the seller, a lawsuit suit won't hold water, even if the basement does.

Your agent will have a standard disclosure form authorized by the Attorney General.  It will include the following disclosures:

• The seller’s complete knowledge of the condition of the roof; the roof's age; if the roof has ever leaked during their ownership; if any portion of the roof has been replaced or repaired; any problems with the rain gutters; information about the roof's warranty
• Any information the seller has about termites, dryrot or pests.  If any part of the house has been damaged by the terrible trio, you must be told.  Also you will be informed about any warranties or coverage by pest control companies.
• Information about additions, remodels or alterations to the house.  The seller needs to tell you if they obtained all the necessary permits and received final approvals on the work. Also, they should let you know of any structural changes made by the former owners.
• Information about the structural condition of the house.  Sellers will disclose what they know of past and present movement, shifting, deterioration or other problems with the walls, foundation, walkways, driveways, patios, decks or retaining walls on the property; also, they will tell you about any repairs to any of the problems.
• The condition of all appliances that are included in the sale, such as the dishwasher, refrigerator, TV antenna and trash compactor.  Are these appliances working?  Are they new?  Are they still under warranty?
• The condition of the electrical system.  Included is information on the working condition of everything on the electrical system – the garage door, ceiling fan, smoke alarm, telephone units, switches/outlets, etc.
• The condition of the heating and cooling systems.  Do they work?  How well?
• The condition of the water systems.  Include the plumbing, sprinklers, the water heater and any system using water, including, if applicable, the pool.  Also, any water rights or permits needed if the house is on a private well or septic system.
• The condition of the basement or crawl space.  If sellers know of any water leakage, accumulation, dampness or flooding they will let you know.  Also, any attempts to repair the problem.
• The condition of the land.  Any potential hazards – flooding, earthquakes, compaction as well as any possible violations of building codes or boundary line disputes. And very importantly, sellers are to tell you of any existing hazards on the property such as methane gas, lead paint, radon gas, asbestos or any mine shafts or landfills on or near the property.