Free preview Seller's Disclosure of Forfeiture Rights for Contract for Deed
Free preview
Seller's Disclosure of Forfeiture Rights for Contract for Deed
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Loss of Service Control. A major disadvantage of contract management is that the organization gives up a considerable amount of control over the services that will be provided to customers. Potential Time Delays. Loss of Business Flexibility. Loss of Product Quality. Compliance and Legal Issues.
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.
In the United States, a seller disclosure statement is a form disclosing the seller's knowledge of the condition of the property. The seller disclosure notice or statement is anecdotal and does not serve as a substitute for any inspections of warranties the purchaser may wish to obtain.
Massachusetts is one of few states that still follows a legal rule known as caveat emptor, or buyer beware. This basically mean there is not a lot you are legally required to disclose to the buyer when selling your property.
A disadvantage to the seller is that a contract for deed is frequently characterized by a low down payment and the purchase price is paid in installments instead of one lump sum.The legal fees and time frame for this process will be more extensive than a standard Power of Sale foreclosure.
By contrast, Massachusetts does not require sellers to provide a disclosure form or statement to potential buyers. If you work with a real estate broker or agent, he or she may ask you to complete a statement that will include a provision that indemnifies the broker or agent for any misstatements or errors on the form.
Property sellers are usually required to disclose information about a property's condition that might negatively affect its value. Even if the law doesn't require disclosure of a problem, it might be wise for a seller to disclose it anyway.
But if it can be proven that something was known and omitted, a seller can get in big trouble. A seller may be liable to the buyer for the nondisclosure of material facts, negligent misrepresentation of facts, intentional misrepresentation of facts, or suppression or concealment of facts, Zuetel explains.
In the first instance, if your deed is not recorded, there is nothing in the public record to stop the seller from conveying the property to another person.The second situation could happen if your seller fails to pay his or her debts and the seller's creditors file liens or judgments against your property.