Home Ownership • September 15, 2023

8 Property Disclosures Sellers Should Share with Buyers

8 Property Disclosures Sellers Should Share with Buyers

Purchasing a home is one of the most significant investments a person can make. As such, it’s crucial for buyers to be well-informed about the property they’re considering. Sellers, in turn, have a legal and ethical responsibility to disclose certain information about the property to potential buyers. These disclosures protect buyers from unexpected issues and promote transparency in real estate transactions. In this blog, we’ll discuss the essential things a seller must disclose to a buyer in real estate.

  1. Property Condition

One of the primary disclosures a seller must make is regarding the condition of the property. This includes any known defects or issues with the structure, systems (e.g., plumbing, electrical, HVAC), and major appliances. Sellers should provide copies of recent inspection reports and any repairs or maintenance history. Buyers have the right to know the property’s current condition to make informed decisions.

  1. Environmental Hazards

Sellers must disclose any environmental hazards associated with the property. This could include the presence of lead-based paint, asbestos, radon, mold, or any other potentially harmful substances. These disclosures are essential for the safety of the buyers and may also be legally mandated depending on local regulations.

  1. Legal Issues

If there are any ongoing legal disputes or property boundary disputes, sellers must disclose them to potential buyers. This also includes any easements, encroachments, or zoning issues that could affect how the property is used. Knowing about these issues upfront can help buyers avoid unexpected legal entanglements.

  1. Homeowners’ Association (HOA) Rules and Fees

If the property is part of a homeowners’ association, the seller should provide information about the HOA rules, regulations, and any associated fees. Buyers need to understand the restrictions and responsibilities that come with living in an HOA community, as well as the financial implications.

  1. History of Repairs and Renovations

Buyers have the right to know about any significant repairs or renovations that have been made to the property. This includes information about whether the work was done with proper permits and inspections. Full disclosure helps buyers understand the property’s history and the quality of work done.

  1. Pest and Termite Inspections

Sellers should disclose any past pest infestations or termite damage and provide documentation of any treatments or repairs. This information is crucial for buyers, as pest problems can lead to significant structural damage and repair costs.

  1. Property Insurance Claims

If the property has had insurance claims for damage due to events like flooding, fire, or storm damage, sellers must disclose this information. Buyers should be aware of any previous issues that could affect the property’s insurability or future risk.

  1. Neighborhood Issues

Sellers should also disclose any neighborhood issues that could affect the property’s desirability or value. This might include nearby construction projects, noise disturbances, crime rates, or changes in the local school district. Buyers should have a clear picture of the community they are moving into.

Real estate transactions involve a complex web of legal and ethical responsibilities, with full disclosure being a cornerstone. Sellers must provide buyers with accurate and complete information about the property they are selling. Buyers, in turn, should carefully review these disclosures and, if necessary, seek professional advice to ensure they make an informed decision. By upholding these standards of transparency, both buyers and sellers can contribute to a fair and equitable real estate market.