How to Handle Property Disclosures
Friday, June 15th, 2007As a for sale by owner home seller, you are responsible for completing many of the steps that a real estate agent would typically handle for you. Most likely you’ve already fixed up the inside and outside of your home, done your market research and have a listing price for your home, and also begun advertising. Now you’re ready to accept an offer on your home, right? Well, not quite. Before you begin entertaining offers from prospective buyers, you first need to prepare property disclosures.
Property disclosures include information that pertains to the property condition or location. This includes pieces of information like the age of the property, problems with the property or components, appendages that might extend beyond the property boundaries, and shared driveways. Any of these facts could affect the buyers decision to purchase the home and must be disclosed.
Because of this you will need to fill out a property disclosure report about your home. I have a property disclosure form on my website called the Real Estate Condition Report which you’re able to download and complete for a buyer. If you are not sure if you need to disclose any other information consult a real estate professional such as an attorney who specializes in real estate. They will be well versed in real estate law and can give you guidance on the necessary information to give to buyers.
An example of a property disclosure that you must fill out is the lead-based paint disclosure if your home was built prior to 1978. This is a property disclosure that is required by federal law. With this property disclosure, the buyer is given 10 days to conduct an inspection for lead based paint. You could face a lawsuit if this is not done and the buyer later discovers that the home indeed has lead paint.
Buyers must also be given material facts. This is any information about the home that would affect the buyer’s decision to purchase or the price they offer. This means that you have to tell buyers any defects about the home, especially if these defects could potentially cause the buyer not to purchase. At first thought, you might be cautious to reveal this information as it could cost you a sale, but consider the alternative of being sued for thousands of dollars because the buyer was negatively impacted by a material fact that you did not disclose.
While it might not first seem like it, property disclosures are designed to protect both buyer and the seller of the home. Buyers are given all the facts they need to make an informed purchase decision. Sellers are protected from lawsuits by buyers that claim they were not informed. You should also keep a record of property disclosures given to your buyers, especially if that buyer ends up closing the deal.
Many homeowners start the FSBO process with little knowledge about the home selling process. How concerned should you be about this? I don’t believe you need to be concerned at all as long as you understand that it will be extremely important to gain some knowledge about how the process works as well as the best ways to market and advertise you home. When you choose to sell your home for sale by owner you will be taking on the responsibility of attending to every facet of the home selling process. Knowing the possible obstacles will help prepare you for the process ahead.