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Seller's
Disclosure Checklist
Sellers are legally required to disclose any
known deficiency to the buyers. Unfortunately, not
all parties will agree on exactly what constitutes a deficiency, so your
safest bet is to disclose everything that may be considered a flaw.
While it is by no means a complete listing of potential problem areas,
this checklist provides a good starting point for ascertaining possible
liability problems in your home.
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General
Information.
Disclose the age of the house and any major problems. Provide a complete
list of all known repairs and improvement projects. Specify any variances
or other zoning actions affecting the property. |
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Mechancial
systems.
Disclose any known problems with the home's heating, plumbing, electrical,
and air conditioning systems. List the ages of all furnaces, air conditioning
units, and water heaters. Provide copies of the service records on
all systems.
Disclose any known problems with alarm systems (fire, smoke, and security)
and intercoms. Supply copies of all service records. |
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Roofing,
siding, and windows.
Disclose any known problems or leaks. Specify age of roof, siding,
and windows, if known. |
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Well
and septic systems.
Disclose any known problems with these systems. Provide all service
records. Make sure that purchaser acknowledges any special factors
(e.g. pump septic system). |
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Appliances.
Disclose any known problems. Specify age of each item and provide
service records, if available. |
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Code
violations.
Disclose any and all known violations of current building code standards.
Consider all house systems and structural components. |
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Sub-standard
system performance.
Disclose any household systems that perform in an inadequate manner.
Examples - poor availability of hot water or water pressure, air conditioning
inadequate to properly cool the house, etc. |
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Environmental
issues.
Report any and all known environmental issues, including, but not
limited to, underground tanks, abandoned septic systems, lead paint,
tainted water table, asbestos insulation (usually around pipes), and
radon. |
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Inspections
What if the boiler fails a month after the closing? Even if you
knew nothing about the problem chances are the buyer will think you
did - and even the most diligent seller is going to have a hard time
countering this accusation. A pre-sale home inspection can help. Problems
discovered by the inspector can be repaired or disclosed - and it
is very believable that the seller was unaware of any problems that
a qualified inspector was unable to find. |
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