Oh, the wonderful world of bank owned properties!
Let's see, first the sellers disclosure is stamped: "Exempt" or some such other language. The bank owners have never lived in the home so they surely cannot attest to the condition of the home unless they have inspected it. I get it. My buyers get it.
What I don't "get" is this: The Federally mandated lead base paint disclosure form is sent to buyers agents blank. Not a bit of wording on it, not even the catch all: "Sorry, I don't know, have never tested the home, do your own due diligance."
I don't know about anyone else, but handing my buyer clients a blank form that is important to any purchase transaction in the US to just sign, date and initial willy nilly gives me the wilies.
What I have done since I first saw this blank lead based paint disclosure is this - I write the following language above the spot for the buyer clients to sign:
"As of the date of purchasers signature the sellers have not provided disclosure and purchasers are signing an incomplete form."
They are then given the opportunity to indicate whether they are waiving the right to have a lead based paint inspection, or whether they wish to conduct one.
How do all of you handle this when you see it? Surely it cannot be something that is typical only in my area.
Kris: I wish it were only bank-owned listings that present blank forms for buyers to sign. It makes me CRAZY. What about the illegible docs we get from title and escrow ... no one can read them and yet we cannot close unless we sign. I write on the documents ... illegible ... required to sign yet cannot read!
Regarding your specific question - the banks don't know ... complete the form to the best of your ability ... advise your clients regarding lead based paint and their right to inspections ... you will lose the battle with the bank/seller!