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Seller Disclosures, Do They Help Your Buyer Make a Choice?

By
Real Estate Broker/Owner with Fran Rokicki Realty, LLC

I advise my seller clients to write everything they can, that they know about their home, on that Seller Disclosure Form.  Even attach pages, if they needed to.  In the state  of Connecticut, where I live and sell homes, it is the law.  The penalty for not providing a buyer the disclosure, when they make their offer, is now $400.00.  The state of Connecticut just raised that penalty from $300.00.  We will be issued new forms.

This is a good advantage for the seller's to take.  Most people have maintained their homes.  Some have updated them.  Many people improve the home, prior to listing it.  All good for the buyers.  This is good for the sellers, also.  It will make their home more desirable to the buyers.  Unknown or missing information can be frightening when making such a significant purchase.  Better to show off your enthusiasm for your home!

                                                                                                               Media Room, by Custom Cut Interiors, Middletown, Ct

                                       Beautiful Kitchen by Custom Cut Interiors, Glastonbury, Ct                               

 

Every once in awhile, we come across a seller who has checked no or unknown, throughout the three pages of the report.  Even the lead and mold disclosures are checked, unknown.  This can be a warning to buyers.  Have they done nothing to this home while they lived there?  There seems to be a new kitchen, new doors, new boiler, etc.  I suggest asking the listing agent if there might be a list of improvements.  Maybe, the sellers don't understand how valuable the seller disclosure can be for the sale of their home.  Sometimes we receive a list, sometimes we don't.  According to state law, estates, foreclosures and new construction properties, are not required to fill out the form.

Currently, our state legislatures are updating the form.  When they do, we will need to update each of our listings with that new form filled out, by the seller.  Whether they owner occupy or not.

Regardless, I always advise my clients to have their own, home inspection.  I call it "cheap insurance" going forward.  Many of the home inspectors offer helpful tips on maintenance and changes that they can make, that will enhance the property.

 

 

Posted by

Sharing the good life,

Frances   

Oh, By the Way...if you know of someone who could use my good services, please send me their contact information.  I will follow-up and take good care of them for you.  I am never to busy for you or your referrals!

 

Comments(8)

Jennifer Chiongbian
Specializing in all types of Manhattan apts & townhouses - Manhattan, NY
Real Estate Broker - NYC

Good to let sellers know that the fine has been upped for not filling this form out for potential buyers.

Aug 21, 2012 07:22 AM
Frances C. Rokicki
Fran Rokicki Realty, LLC - Bolton, CT
Broker-Mentor,CRS

Jennifer, Yes, it hasn't been raised since it first came onboard. many years ago.  I believe it to be a good tool:)

Aug 22, 2012 05:04 AM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Hi Frances, does your state law also exempt investment/rental properties?

It is not unusual here to see notes that "Owner never resided on the premises so no disclosures"...I disagree with that idea and wrote about it a while back so am curious how that is handled elsewhere.

Good post - suggested!

 

 

Aug 22, 2012 09:19 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

France, $400 OUCH.  It does not pay to not be upfront with everyone, and try hide things.

Aug 22, 2012 09:24 AM
Frances C. Rokicki
Fran Rokicki Realty, LLC - Bolton, CT
Broker-Mentor,CRS

Diana, Commercial properties don't have disclosure laws, that I am aware of.  When I list a commercial property, I do include them, just in case.  Again, you can add good information to them, for the buyers to see:)  We cannot say, the owner never lived in the house, so, no disclosures.  They still need to fill them out, the best that they can.  They can write a note on the form, stating that they haven't lived there.  That is acceptable.  Thank you for the Suggest click:)  I appreciate it!

George, I wonder why they just didn't boost it to $500?  The buyer is the one who receives the fine monies:)

Aug 23, 2012 08:01 AM
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Hi Frances, when I asked about investment/rental properties, I was referring to residential (1-4 units), not commercial, which is a whole different animal... :)

In Florida there are a lot of residential properties that are used for investment and/or rental purposes. Because of this, it is not unusual for the owner to never occupy the premises, which is why the disclaimer that "Owner never resided on the premises so no disclosures" is used sometimes. I blogged about it because so many of the questions on our Seller's Disclosure are things that the owner would know and could complete even if they had not occupied the premises.

Since you mentioned that in your state estates, FC and new construction are not required to provide disclosure, I wondered if investment/rentals are also exempt.

 

Aug 23, 2012 08:24 AM
Frances C. Rokicki
Fran Rokicki Realty, LLC - Bolton, CT
Broker-Mentor,CRS

Diana, Oh, sorry:)  No, they are not excluded.  I have a listing now, that is a 3 family.  It has disclosures to offer potential buyers.   Our state legislators are updating them and hopefully, we will have the newer form, soon. 

Aug 23, 2012 08:29 AM
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
850-476-4494 - Pensacola, Pace or Gulf Breeze, Fl.

I agree it is good to disclose and we have a really good one but I think a home inspection should be mandatory and more strigent and the buy should have some responsibility to get the facts as well.

Sep 04, 2012 11:42 AM