Buying / selling a home includes quite a bit of paperwork. From start of a listing to the closing, there are MOUNDS and MOUNDS of paper. As intimidating as it looks (especially if you saw it all at once!), it is for everyone’s disclosure and protection. AND much of it IS the LAW.
Bottom line? When buying or selling a home in California, the seller must disclose certain conditions in their home.
Lead Base Paint Disclosure – Federal law.
Lead paint poses a threat to children and women, especially during the child-bearing years, if lead is ingested.
Lead-based paint was used in most all homes dating before 1960 and some dating from before 1978.
For this reason when purchasing a home built before 1978 most states require a separate Lead-Based Paint Disclosure wherein the seller details any known lead-based paint hazards within the property and the buyer acknowledges that disclosure and either opts to conduct testing for the existence of lead-based paint or not to.
The seller – whether selling a home by themselves or through an agent – has to hand the potential buyers a booklet and fill out a Lead Base Paint disclosure.
Disclosure of a recent Death on the property – State of California.
Yes, if the death has been within the last 3 years and is a material adverse fact according to Cal. Civ. Code §1710.2.
Disclosure of an Earthquake Fault Zone – State of California.
Yes according to Cal. Pub. Res. Code §§ 2621 et seq.; Cal. Civ. Code §§ 1103 et seq
Seller’s Property Disclosures – Real Estate industry endorsed.
It is standard practice throughout the State of Utah to have sellers fill out a property disclosure. These disclosures provide a wide range of information about the home from structural damage to anything clouding the title. It is always important to for sellers to fill these out as accurately as possible. This allows potential buyers to have a clear picture of the home and may save headaches later.
There is many more, too numerous to list, but be assured, I am aware of them all. To read the latest list of what is and is not disclosed in California – click here - http://www.car.org/6447/67397/138399/sales-disclosure-chart
As intimidating as the home selling paperwork looks, that IS the reason you call me. I make all of the paperwork understandable and the home buying / selling process easier.
