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§ 58-30.106 states that you or your real estate agent must disclose to the buyer "all adverse material facts" that you actually know about the property,including: environmental hazards that affect it. its physical condition. any material defects in the property itself.
Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.
If a subject to clause is in the contract, the seller commits to that buyer for a period of time and cannot accept any other offers during that time period.
A contract of sale lists all the relevant information pertaining to the sale of a property, including such things as names and address of the buyer and seller, conditions of the sale and inclusions. Once signed, is a legally binding agreement between the purchaser and the seller.
Often, an attempted waiver of the TDS by the buyer or the seller, such as the use of an as is clause in the purchase agreement, makes an agent's standard due diligence and disclosures seem unnecessary. However, the buyer cannot waive the seller's delivery of the statutorily-mandated TDS.
Here are eight common real estate seller disclosures to be aware of, whether you're on the buyer's side or the seller's side.Death in the Home.Neighborhood Nuisances.Hazards.Homeowners' Association Information.Repairs.Water Damage.Missing Items.Other Possible Disclosures.
The Five Elements of a ContractOffer.Acceptance.Consideration.Capacity.Lawful Purpose.
Unlike some states, Kansas law does not require a standardized seller property disclosure form, although real estate agents often use a form designed to encompass standard disclosures. A potential buyer should always carefully review each item in any disclosure statement provided by a seller.
It's also worth noting that there's a federal disclosure requirement in place that says you have to disclose the presence of asbestos. Even though there's no specific state law that requires this, the federal law is in place, so you need to make sure you disclose any asbestos in the home.
Distinguish between the two main parts in a standard form contract for the sale of real estate. Two sections of a standard form contract are the negotiated items that need to be "filled in," and the standard provisions that seldom need to be negotiated.