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Disclosures And Why They Are Important

By
Real Estate Agent with Christie's International Real Estate

Disclosures and Why They Are Important is a subject I'd like to talk about today.  

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In the State of New Jersey, when a homeowner lists their property for sale, there are many forms to complete with the listing agent.  Amongst the many forms, one that we believe is the most important is the Seller Disclosure Form


The purpose of this form is for the Seller to disclose everything they know to be true about the home. 

There are very important items listed on this form that a Buyer will want to know about the home before they consider making an offer.

 

Seller Disclosure

Seller Disclosure Forms are not standard and if the real estate office representing the seller doesn't use them, the Seller won't be expected to complete this form.  Some of the items disclosed in a Seller Disclosure Form are as follows:

1. Age of Roof and descriptions such as whether it is a full strip off or a second layer. Names & contact information of the contractor who may have done any work on the roof.

 

2. Age of Furnace, Boiler,  Air Conditioning Components, Hot Water Heater.  Names & contact information of the contractor who may have done any work or replaced these components.

 

3. Underground Tanks such as Oil Tanks, Septic Tanks, Pool Liners.  If a tank was abandoned it would be prudent and save alot of headaches if the Seller disclosed the manner in which it was decommissioned as well as any supporting paperwork.

 

4. Electrical work including updated panels and wiring should be disclosed with names of contractors & their contact information.

 

5. Land - The soil and whether it's shifting, has any fill - flood zones, drainage, encroachments, easements and whether or not it is located in an earthquake zone.



6.
 Termites and Pests and whether or not the home had ever been checked by a professional and/or treated.  This should be supported by documentation as well as any warranties that may be transferred to the new owner.

7. Basements & Crawlspaces and whether or not there are sump pumps, french drains or ever any attempts to control water seepage or moisture related problems.

 

8. Structural Items that may be deteriorated or cracked as well as any remodels done by current owner or previous owners that is known by current owner.  As always, supporting documentation and contact information of contractors.

 

9. Plumbing related issues such as water softeners, Wells, sewage issues, leaks, back-ups etc.

 

10. Toxic substances that may be known such as asbestos, radon, lead paint and mold should be disclosed, if known by the current owner.

 

11. The age of the home and the date it was purchased by the current owner are key to know.

 

12. The items being left or taken by the current owner should also be disclosed here along with their condition.  If the Seller is not currently occupying the home, that is something worth mentioning.

Pen to Paper

It should be mentioned that the Seller Disclosure is not intended to replace a home inspection but rather to assist the buyer in determining the value of the property they are considering. 

In the hustle and bustle of both listing a property as well as considering a home to purchase, this document can be a huge help to both the Seller as well as the Buyer for obvious reasons. 

This list may not be complete according to all real estate offices.  However, this list is one that is worth printing out if you are considering the Sale or Purchase of a home.  The Sale and Purchase of a home is one of the largest transactions most people undertake in their lifetimes.  The history of a home can have many hidden secrets that could very possibly affect the saleability by it's owner as well as by an uninformed buyer.   It can even help add value to the home.

This is the story of Seller Disclosures and Why They Are Important.

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If you or someone you know is planning a Move in the near future, call your Pascack Valley experts, Lisa & Bob Hammerstein at  or visit us on our website at www.HammersTeam.com.  We'll be able to help you if you're Moving to any of the Pascack Valley towns in Bergen County New Jersey.


Your Real Estate Resource for Bergen County and the entire Pascack Valley!

Christies International Real Estate

__________________________________________________________________

 

Robert & Lisa Hammerstein • Sales Associates • Christies International Real Estate

(201)476-0777
Direct Cell (201) 315-8618

Address • 313 Broadway • Westwood, NJ 07675 •


 


DISCLAIMER: I must disclaim liability for any damages or losses, direct or indirect, that may result from use of, or reliance on, any information contained in this blog, or for the accuracy of comments or opinions expressed by visitors to my blog. The information contained in the articles is deemed reliable but is not guaranteed, and the opinions expressed in these articles are mine. Any party who uses this material  including photos, without the written permission of  Robert Hammerstein is subject to copyright infringement and possible lawsuit.



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Robert and Lisa Hammerstein - Agent at Keller Williams Valley Realty

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Jay Schmitt
Keller Williams Keystone Realty - Gettysburg, PA
Gettysburg Real Estate Agent

In PA we have a standard, very comprehensive seller disclosure and I think it is a good thing.

Feb 21, 2010 02:21 AM
Robert Hammerstein
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Jay - Yep it's most important to me and my clients when I show them a house as well.. thanks

Feb 21, 2010 02:22 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Bob, the disclosures are a fairly good indication of the home's condition, unless the home owner has been in the home a while. Sometimes they don't even know the true condition of their home, and get rudely surprised when something major pops up at an inspection. They are required in so many states, as in ours, but the penalty for not presenting them is too low, a mere $300 to be credited to the buyer in our state. Fortunately, I have not come accross any of those.

Feb 21, 2010 02:52 AM
Jim Dunlap
Roberts Realty - Yucca Valley, CA

WhenI first started in real estate, my broker once told me in regards to clients's disclosures, that you can't get in trouble for disclosing, but you sure can if you don't.  This has stuck with me.

Feb 21, 2010 03:22 AM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

We have the in Pa too ..and you better be sure not to fill it in for them... if you don'y want to be involved in a law suit if there is a problem later ...

HELPFULHANNAH

Feb 21, 2010 05:56 AM
Robert Hammerstein
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Ed - It is not required but advised here in NJ... Our office requires them and agree that we should use them. Some other offices in NJ do not...

Feb 22, 2010 03:55 AM
Robert Hammerstein
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Jim - You have a wise broker and I couldn't agree with him more... Thanks

Feb 22, 2010 03:55 AM
Robert Hammerstein
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Hannah - That is true.. by ethics law here we are not allowed to coach for a better word the sellers on them filling out these forms... It can get very litigious...

Feb 22, 2010 03:57 AM
Sheldon Neal
Bergen County, NJ - RE/MAX Real Estate Limited - Maywood, NJ
That British Agent Bergen County NJ

Great summary of the SD Bob !

I always tell sellers they have homework and leave it with them to fill out as best as they can when I'm not there.

Hope you guys are well !

 

Feb 22, 2010 01:15 PM
Robert Hammerstein
Christie's International Real Estate - Hillsdale, NJ
Bergen County NJ Real Estate

Sheldon - Yes it's important for the sellers to fill this out on their own as it would be an ethics violation to coach them... BTW yes we are ok and hanging in there.. Thanks for stopping by... You know Lisa actually wrote this one...

Feb 23, 2010 02:04 AM