Seller’s Disclosure Services

A seller’s disclosure in residential home purchases is a document or form that the seller of a property provides to the buyer. Typically, the seller’s disclosure form is filled out by the seller prior to listing the property so that buyer’s can review it when considering the home. This document contains important information about the property’s condition, including any defects or issues that could affect the property’s value or livability. The specifics of what must be disclosed can vary significantly from one jurisdiction to another, but common items that might be included are:

1. Structural Problems: Issues with the foundation, walls, floors, or roof that could affect the integrity of the home.
2. Water Damage: Past or present water damage, which might include mold issues or flooding.
3. Pest Infestations: Current or past infestations of pests like termites, rodents, or other nuisances.
4. Systems and Appliances: The condition of the home’s HVAC system, electrical system, plumbing, and any included appliances.
5. Hazardous Materials: The presence of hazardous materials such as lead-based paint, asbestos, or radon gas.
6. Legal Issues: Any liens, easements, or zoning violations that may affect the use of the property.
7. Neighborhood Nuisances: Nearby features that might be considered undesirable, such as being in the flight path of an airport or near a landfill.

Seller’s disclosures are necessary for several reasons:
1. Informed Decision Making: They ensure that buyers are fully informed about the property they are considering purchasing. This transparency helps buyers make educated decisions based on the condition of the home and any future repairs or maintenance it may require.
2. Protection for Buyers: By disclosing known issues up front, the seller helps protect the buyer from unexpected costs or problems with the property after the sale is completed.
3. Legal Protection for Sellers: Providing a comprehensive disclosure can also protect sellers from future legal action. If all known issues are disclosed upfront, a buyer may have a harder time claiming they were misled about the property’s condition.
4. Trust: Disclosures can help build trust between the buyer and seller, making the transaction smoother. They serve as a good faith gesture, showing that the seller is not trying to hide any problems.
5. Regulatory Compliance: In many places, completing a seller’s disclosure is a legal requirement for residential property sales. Not providing one or knowingly withholding information can lead to legal consequences for the seller. In essence, seller’s disclosures are a crucial aspect of residential real estate transactions, serving to protect both parties and ensure that the sale proceeds as fairly and smoothly as possible.

The Seller’s Disclosure is an easy target for unhappy Buyers.  And inevitably, when these types of lawsuits arise, the real estate agents are frequently brought in as a party. We charge a one-time flat fee to assist sellers with their Seller’s Disclosure form.  We recommend having the seller’s schedule an appointment with us prior to any showings.  Our goal is for this service to take some of the leverage away from cases that are initiated due to an alleged “failure to disclose.”  Our goal is to help sellers and their agents to avoid liability.