Effective January 1, 2016, there is a new Seller’s Property Disclosure Statement. It has been shortened and simplified to make it more manageable for sellers to complete. It no longer asks the age of all systems, but focuses on if they need repairs or replacement. The “don’t know” option for answer to the questions has been eliminated and it states that all questions should be answered to the “actual knowledge and belief” of the seller. If a seller truly doesn’t know the answer, the question can be left blank. Get a copy of the disclosure statement by clicking on the box here, or see the summary below:
Vacant? How long?
Any portion of property leased?
Designated as historic where permission must be received to make modifications and additions?
- Covenants, Fees, and Assessments:
Subject to recorded covenants/restrictions?
If yes, seller must complete a Community Association Disclosure Statement
- Lead-based Paint
Dwelling built prior to 1978?
If yes, Lead Based Paint Exhibit must be attached
- Structural items, additions and alterations
Any settling, movement, cracking of foundation or structural supports?
Structural reinforcements or supports added?
Additions, structural changes, or major alterations to the original improvements?
Any work done where a required building permit was not obtained?
Any violations of building codes, housing codes, or zoning regulations (not otherwise grandfathered)?
Any notices of violations received?
Is any portion of the main dwelling a mobile, modular or manufactured home?
Any part of home moved to the site from another location?
- Systems and Components:
Any part of the main dwelling not heated and cooled by a central system?
Any portion of heating/cooling system in need of repair or replacement?
Does dwelling or garage have aluminum wiring?
Fireplaces decorative only or in need of repair?
Any reports of damaging moisture behind exterior walls constructed of synthetic stucco?
- Sewer/Plumbing Related Items:
Drinking water source? If from a well, has there ever been a test showing that it’s not safe to drink?
Sewer system – public, private, septic tank?
Septic tank serviced? Date?
Leaks, backups, or other problems with plumbing, water or sewage systems?
Any polybutylene plumbing, other than the primary service line?
Ever been any damage from a frozen water line, spigot, or fixture?
- Roofs, Gutters, and Downspouts:
Approximate age of the roof on main dwelling?
Any part of the roof been repair during seller’s ownership?
Any roof leaks or other problems with the roof, flashing, gutters or downspouts?
- Flooding, draining, moisture, and springs:
Any water intrusion in the basement, crawl space or other parts of any dwelling or garage?
Repairs made to control water intrusion in the basement, crawl space, or other parts of any dwelling or garage?
Any part of the property or improvements located in a special floor hazard area?
Has there ever been any flooding?
Any streams that do not flow year round or underground springs?
Any dams, retention ponds, storm water detention basins or other similar facilities?
- Environmental, Health and Safety concerns:
Any underground tanks or toxic or hazardous substances such as asbestos?
Meth ever produced on the property?
Any adverse test results for radon, lead, mold or any other potentially toxic or environmentally hazardous substances?
- Litigation and Insurance:
Any litigation alleging negligent construction or defective building products?
Any award or payment of money in lieu of repairs for defective building products or poor construction?
Any release been signed regarding defective products or poor construction?
Any insurance claims for more than 10% of the value of the property?
How many insurance claims filed during the seller’s ownership?
- Other Hidden Defects:
Are there any other hidden defects that have not otherwise been disclosed?
- Agricultural Disclosure:
Is property in or adjacent to any property zoned or identified as agricultural or forestry use?
The new form allows space after each section for explanation, a longer section after question 12 for explanations (if needed) and a section to check boxes for fixtures remaining. This includes appliances, home media, interior fixtures, landscaping/yard, recreation, safety, and systems. There is another section to clarify descriptions of property remaining and items needing repair or replacement.