Sometimes the wording alone in a real estate contract can be confusing. During the initial listing contract with a brokerage, you are asked to fill out state required "disclosures", detailing the condition of your property. Sometimes these forms alone can be a surprise, and some of the questions take the homeowner who has not been active in the market by surprise. Sellers of property in Minnesota are required to fill out these disclosures to the best of their ability for the potential buyer to read through and help answer some of the basic questions that come up about the property.
Disclosures in Minnesota ask you to provide the "material facts" about your property. Material facts are things that you know about your homes physical condition, and if you have knowledge of something that might be coming up to make a large impact on your homes value, such as: the county has just approved an ambulance garage across the street! A new airport will be coming in the near future down the road...your area is being scouted for the new Vikings Summer Practice Fields. These facts can be good or bad for your potential buyers, and need to be disclosed for them to mull over.
Water intrusion has been the biggest concern I have seen over the years, and it is something that according to most agents in my sphere, has caused the most problems when occurring after a sale. It must be disclosed, not only to let your buyers know of its' existence, but to protect you from further claims that you did not tell the buyer of it's existence. Buyers must sign that they have read and understand all disclosure forms at the time of writing a purchase agreement.
Condensation from the pipes in the basement dripping onto the floor, leaving marks, old ceiling damage from leaking roofs that have been fixed, power went out and the basement flooded..was cleaned up by the insurance company? DISCLOSE IT!
Mold has received so much media coverage it is almot embarrassing to bring it up...Do your windows get that creeping, black stuff as the winter goes on? Condensation frequently causes this on the sills..Water softener blackens through the summer without a dehumidifier? Mold. Most people will understand it, but some will be allergic to it. Large mold problems can create incredible health hazards to many persons....When in doubt, DISCLOSE IT!
Many of the greatest homes in our area were built prior to the 1980s, being a historic home buff, I particularly love the late 1800s and early 1900s. The great craftsmanship, plaster walls and wonderful woodwork bring back memories of simpler times of gracious living. Unfortunately, many of these homes contain lead based paint, something that needs to be disclosed to the potential buyer. This particular form will ask if you have ever tested the home, or have knowledge of lead paint in the residence. It does not ask you to test for it, mitigate it, or in any way change the fact that it might exist, but you must disclose it if you have knowledge. If you have no knowledge, there is a box to check for that also. This is not a complicated form, short check off boxes suffice.
Jumping ahead to our current era, Methamphetamine production has become enough of a modern day nightmare as to warrant its' own disclosure. If there has been meth on the property, you must disclose it, complete with a diagram of where on the property it was found, manufactured or dumped. This is again, a short form to fill out.
The Property Disclosure section of your homes sale has many questions, but is really not as daunting as it looks. A few things to have in mind before starting: If you have a well, do you know when it was drilled or pounded? The unique well number? If not don't worry, if so, Great! When did your septic system go in? Age of roof?..Are you in an airport zone?
Your realtor can help you to find the right places to go for answers to these questions, but cannot help you fill in the blanks to questions about your home. In some cases, such as estates, disclosures might be waived. Check with your agent, then get busy! When your showings begin, your buyers will be eager to find out the great things about the home they may be buying!