Washington State Form 17 For Sale In Utah
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FAQ
Sellers must fill out either an unimproved or improved residential real estate disclosure form, which covers various topics about the property's condition. This comprehensive form asks about the state of the home's electrical, plumbing, heating and other systems.
Directors and officers of publicly traded companies: Directors and officers of publicly traded companies have a fiduciary duty to act in the best interests of the company and its shareholders. As part of this duty, they are required to disclose material facts to the public in a timely manner.
Sellers must complete a Transfer Disclosure Statement (TDS), in which they disclose known defects and other pertinent information about the property. Failure to disclose these material facts can lead to legal liability.
It is prepared by the seller's solicitors.
Who Must Make These Seller Disclosures in California. As a broad rule, all sellers of residential real estate property containing one to four units in California must complete and provide written disclosures to the prospective buyers.
While sellers have always been required to disclose material facts, the Form 17 has been required by law (RCW 64.06. 020) since January 1, 1995. It has undergone ten revisions since its inception, the last of which went into effect in 2021.
Utah law requires sellers to provide a Property Condition Disclosure (PCD) to potential buyers before a sale is completed. This disclosure form requires the seller to answer a series of questions about the condition of the property, including information about the roof, electrical systems, plumbing, and more.
90-383 requires that a written supplement be provided to the buyer if the seller is aware of any errors in the original disclosure form. A seller who "knowingly" violates the Act or discloses untruthful information is liable for actual damages, court costs, and reasonable attorney's fees.
If you discover material defects after the real estate transaction has closed, you may have an action for breach of contract. A qualified, local real estate attorney with experience in housing and construction defects can help you understand your rights and draft an appropriate demand letter.
Suing the Seller for Non-Disclosure Under California's disclosure laws, buyers can pursue compensation for damages related to a seller's non-disclosure.
