When a home owner sells a property, they are typically required to disclose information to their real estate agent or potential buyers. While disclosure requirements vary based on state and local laws, being transparent during any transaction can help the seller avoid any legal trouble down the line.
To ensure a fair and informed transaction, sellers should disclose certain key information. Here's a guide to five essential details that sellers should reveal to potential buyers.
1. Death on the Property
While it may be a sensitive topic, sellers are obligated to disclose if there has been a death on the property. This includes deaths from natural causes, accidents, or even suicides. This is especially important if the deaths on the property were due to safety issues-even if they were already remedied.
Laws regarding this disclosure vary by location. In Texas, for instance, deaths from natural causes, suicides, and accidents unrelated to the property do not have to be disclosed. However, it's generally considered a matter of ethical responsibility to inform potential buyers.
2. Neighborhood Nuisance
Sellers should disclose any neighborhood nuisances that could impact the quality of life for potential buyers. This may include noisy neighbors, proximity to industrial or agricultural areas, or ongoing construction projects. Being transparent about these factors allows buyers to make an informed decision about whether the neighborhood aligns with their lifestyle preferences and expectations.
3. Hazards
If the property is located in an area prone to natural disasters such as floods, earthquakes, or wildfires, sellers are obligated to disclose this information. Additionally, if there are known environmental hazards like radon or lead-based paint within the home, buyers have a right to be informed.
Some states may also require sellers to disclose mine subsidence, underground pits, settlement, sliding, upheaval, or earth-stability defects.
4. Information on Homeowners' Association
For properties within homeowners' associations (HOAs), sellers should provide details about the association's rules, fees, and any ongoing disputes. Buyers need to be aware of the restrictions and responsibilities that come with living in an HOA community. This information allows them to evaluate whether the association's regulations align with their preferences and lifestyle.
5. Repair History
Buyers are entitled to know about the property's repair history, including any past issues or damages that have been addressed. This may include any electrical or plumbing repairs and fixes related to termite or wood-rot damages. This information is crucial for buyers to gauge the overall condition of the home and anticipate potential future expenses.
