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Disclosure
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Q: |
Whose
obligation is it to disclose pertinent information about
a property? |
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A: |
Obligations to
disclose information about a property vary from state to
state.
Under the strictest laws, the seller and the seller?s
broker, if there is one, are required to disclose all
facts materially affecting the value or desirability of
the property which are known or accessible only to him.
Items sellers often disclose include: homeowners
association dues; whether or not work done on the house
meets local building codes and permits requirements; the
presence of any neighborhood nuisances or noises which a
prospective buyer might not notice, such as a dog that
barks every night or poor TV reception; any death within
three years on the property and any restrictions on the
use of the property, such as zoning ordinances or
association rules.
It is wise to check your state's disclosure rules
prior to a home purchase. |
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Q: |
Do sellers
have to disclose the terms of other offers?
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A: |
According to
experts, sellers do not have to disclose other offers
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Q: |
Will a
neighbor problem reduce the value of my property?
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A: |
While it may
not reduce the actual value, a cluttered landscape can
detract from the positive aspects of your home. Review
your local laws, which should be on file at the public
library, county law library or City Hall.
A typical "junk vehicle" ordinance, for example,
requires any disabled car to either be enclosed or
placed behind a fence. And most cities prohibit parking
any vehicle on a city street too long.
It also may be worthwhile to check into local zoning
ordinances. An operator of a home-based business usually
is required to obtain a variance or permanent zoning
change in residential areas.
In addition, if a neighbor's repair work produces
loud noises, he may be breaking local noise-control
ordinances, which are enforced by the police department.
Before bringing in the authorities, you may want to
make a copy of the pertinent ordinance and give it to
your neighbor to give them a chance to correct the
problem.
Resources:
* "Neighbor Law: Fences, Trees, Boundaries and Noise,"
Cora Jordan, Nolo Press, Berkeley, Calif.; 1991.
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Q: |
What are the
standard contingencies? |
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A: |
Most offers
include two standard contingencies: a financing
contingency, which makes the sale dependent on the
buyers' ability to obtain a loan commitment from a
lender, and an inspection contingency, which allows
buyers to have professionals inspect the property to
their satisfaction.
A buyer could forfeit his or her deposit under
certain circumstances, such as backing out of the deal
for a reason not stipulated in the contract.
The purchase contract must include the seller?s
responsibilities, such things as passing clear title,
maintaining the property in its present condition until
closing and making any agreed-upon repairs to the
property. |
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Q: |
What repairs
should the seller make? |
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A: |
Most sellers
like to make all minor repairs before going on the
market in order to seek a higher sales price. In
addition, nearly all purchase contracts include a buyer
contingency "inspection clause," which allows a buyer to
back out if numerous defects are found. Once the
problems are noted, buyers can attempt to negotiate
repairs or a lower price. |
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Q: |
How do I get
the real scoop on homes I am looking at?
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A: |
Home
inspections, seller disclosure requirements and the
agent's experience will help. Disclosure laws vary by
state, but in some states, the law requires the seller
to complete a real estate transfer disclosure statement.
Here is a summary of the things you could expect to see
in a disclosure form:
* In the kitchen -- a range, oven, microwave,
dishwasher, garbage disposal, trash compactor.
* Safety features such as burglar and fire alarms, smoke
detectors, sprinklers, security gate, window screens and
intercom.
* The presence of a TV antenna or satellite dish,
carport or garage, automatic garage door opener, rain
gutters, sump pump.
* Amenities such as a pool or spa, patio or deck,
built-in barbeque and fireplaces.
* Type of heating, condition of electrical wiring, gas
supply and presence of any external power source, such
as solar panels.
* The type of water heater, water supply, sewer system
or septic tank also should be disclosed.
Sellers also are required to indicate any significant
defects or malfunctions existing in the home's major
systems. A checklist specifies interior and exterior
walls, ceilings, roof, insulation, windows, fences,
driveway, sidewalks, floors, doors, foundation, as well
as the electrical and plumbing systems.
The form also asks sellers to note the presence of
environmental hazards, walls or fences shared with
adjoining landowners, any encroachments or easements,
room additions or repairs made without the necessary
permits or not in compliance with building codes, zoning
violations, citations against the property and lawsuits
against the seller affecting the property.
Also look for, or ask about, settling, sliding or
soil problems, flooding or drainage problems and any
major damage resulting from earthquakes, floods or
landslides.
People buying a condominium must be told about
covenants, codes and restrictions or other deed
restrictions.
It's important to note that the simple idea of
disclosing defects has broadened significantly in recent
years. Many jurisdictions have their own mandated
disclosure forms as do many brokers and agents. Also,
the home inspection and home warranty industries have
grown significantly to accommodate increased demand from
cautious buyers. Be sure to ask questions about anything
that remains unclear or does not seem to be properly
addressed by the forms provided to you. |
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Cara O'Bryant Realtor Associate Licensed
in Mississippi & Tennessee 901-212-0047

 Bob Leigh & Associates Realtors, LLC
6900 Cobblestone Blvd
Southaven, MS 38672
662-890-9696
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