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In the simplest terms, a Seller's Disclosure is a document a potential buyer receives in order to know what condition the property is in. It contains about 100 questions and it will take you 20-30 minutes at most to complete.You're not required to have this document ready until your home is under contract.
A real estate disclosure statement is a legally binding document in which the seller comes clean about any potential flaws and issues the buyer needs to know about.But it's also legally binding and thus a powerful document in court if major undisclosed issues are discovered post-sale.
The seller is not providing a seller disclosure form and is selling the property as is, although he is allowing a home inspection.For example, if the seller's home is part of an estate or a foreclosure sale by a sheriff or court, a seller disclosure form may not be required. The rules are governed on a state level.
Search online or stop into your local city planning department to ask. You can also ask a real estate agent or an attorney for a copy of the disclosure law. Your state's Department of Real Estate might also have information about what disclosures are required in your state.
Issue #1: Seller Lied on Disclosure Statement Now, if you believe that the seller lied about problems with the home and want to take it to court, then you have to prove it. You have to bring evidence that the seller knew or should have known about the issues, and they purposely covered it up.
California, like many states, requires its residential property sellers to disclose, in writing, details about the property they have on the market.(See, California Civil Code § 1102.)
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 buyer.
When is a seller exempt from providing a seller's disclosure?Another seller hadn't even lived in the property they were selling; it was an investment property and they didn't have enough first-hand knowledge of the property's history to provide a disclosure.
Death in the Home. Neighborhood Nuisances. Hazards. HOA Information. Repairs. Water Damage. Missing Items. Other Possible Disclosures.