Attorney answers (5)
In addition to what was stated above, you MUST also provide your Buyers with a Sellers' Disclosure Statement. If you fail to do so, you could be held liable for problems with the property that the Buyer claims you were aware of and failed to disclose. This is especially important when selling "As Is".
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Being in real estate since grade school (my father was a broker for over 30 years) and having practiced in other fields of real estate before becoming a lawyer (admitted in PA & NJ), I never thought I'd see the day when told a seller this answer: you need a lawyer to sell this house. There are so many issues that jump out of this woodwork, it's impossible to address them all in this type of forum. What I hope can be accomplished is to move you to use your local network, media, address book, whatever, to find a highly capable local attorney. Find someone with experience in real estate transactions involving other than plain vanilla properties that are "move-in ready". your attorney should be able advise you about the permits and repairs that a potential buyer will need and which you should disclose, as suggested by my colleagues in this forum. Pay your attorney a reasonable fee. Ask them to provide you with the legal cover you need to sell this property, and what that may entail, including certain repairs, if necessary. Selling this property on your own, without a good attorney, is asking for trouble.
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How long have you owned the property? If you have intimate knowledge of defects at the property, you should err on the side of caution and over-disclose in that state required Disclosure form. Additionally, make sure the contract is clear that the property is being purchased As-Is. Finally, check with the municipality and ensure that any necessary certification(s) are obtained and provided. Generally, the buyer's title company will make these specific requests upon you. However, if there is no title insurance (for instance, if the deal is a cash deal and the buyer waives it) you are on your own without counsel. -Harper Dimmerman, Esq. (http://www.hjdlaw.net)
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The contract for sale of real estate must be in writing to be enforceable. When selling a home by owner or with the help of a real estate agent, you want to have the agreement reduced to wrting, a contact for sale of real estate. You can contact my office for more information.
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The contract for sale of real estate must be in writing to be enforceable. When selling a home by owner or with the help of a real estate agent, you want to have the agreement reduced to wrting, a contact for sale of real estate. You can contact my office for more information at 412-788-7560 and ask for myself of an associate.
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Other answers (2)
soberjulz
Answered by a user, about 2 years ago.
Background of Property Disclosure Laws
In the wake of the consumer-rights movement and the increasing influence of realtor organizations around the country, many states began to draft and implement property disclosure laws in the 1980’s that were designed to protect buyers of residential properties. The goal was to protect uninformed and inexperienced buyers in an era where typically only sellers had agents leaving buyers to fend for themselves. Around the country, state real estate commissions were called upon by the legislature to draft property disclosure statements that satisfied the requirements of the law in that state. The focus at that time, and still to this day, is to protect home buyers from material defects existing on the property, which are known to the seller. In most cases, “material defects” are problems with the property or any portion of the property that would have a significant adverse impact on its value or that involves an unreasonable safety risk to people on the property including the land. In jurisdictions such as Pennsylvania, the Real Estate Seller Disclosure Law mandates that the seller “deliver” a signed and dated copy of the property disclosure form to the buyer prior to the execution of an agreement of sale. As the term is used in the statute, “deliver” means to give to the buyer by personal delivery, first-class mail, certified mail/return-receipt requested or facsimile to buyer or buyer’s agent. In practical application, a seller’s agent usually leaves several copies of the disclosure form at the property for potential buyers to take with them upon looking through the house for the first time. Although each state typically utilizes a standard disclosure form for properties sold in that state, the disclosure laws vary from one state to another—so, buyers, sellers and agents should familiarize themselves with the disclosure requirements in their particular state. Examples of the types of issues covered by disclosure forms include: When the property was last occupied by seller; Condition of the roof; Structural problems; Water and sewage systems or service; Electrical system; Heating and air conditioning; Plumbing system; Presence of hazardous substances; Municipal violations against the property; Presence of mold What Should Sellers Do About these Disclosures? It is imperative that both the seller and seller’s agent take a significant amount of time to go through each item on the disclosure form and provide as complete and accurate a response as possible based on the information at hand. Generally, a seller will not be held liable for an error or inaccuracy on the disclosure form, so long as the seller did not have knowledge of the error or inaccuracy. Further, most states do not require a seller to spend money to conduct various tests and investigate the current condition of the property. However, sellers (and possibly their agents) will be held liable for negligently or recklessly reporting/failing to report information or perpetrating a fraud by intentionally misrepresenting the condition of the property. The judgments that have been awarded in cases involving violations of the seller disclosure laws include: 1.) Monetary damages to the buyer so that the misrepresented condition can be repaired; 2.) Payment of buyer’s attorney’s fees; 3.) Rescission of the contract (thereby allowing the buyer to void the transaction). I can assure you that cases involving alleged misrepresentations by sellers and overzealous agents who are trying to make a sale are on the rise. Attorneys representing buyers in these matters are becoming very aggressive in order to protect their clients’ investments. Many are seeking punitive damages against both the seller and the agent, and more and more agents are being held accountable for failing to instruct their client to disclose a known material defect of the property. At one time we were a nation governed by the famous d 1 person marked this answer as good
soberjulz
Answered by a user, about 2 years ago.
In the state of Penn. 3 documents are required if it is a lease purchase these documents must be all seperate and they are
1. the lease agrrement as to what the monthly payment will be and what money if any per month will be used towards the down payment . And how long the term should be before having to obtain the mortgage . 2. A disclosure statement of all Mechanical problems such as electric, plumbing , water heater , the heating system and and structure problems, or water problems . If it is unknown then you MUST state that , but if you lie on the statement to make the sale or to get potential buyers you will be held liable and if you have a lawyer or real estate agent representing you they are liable for this as well . ALSO this is where you state in the disclosure that knowing that these problems are visable or known and the lease purchaser agrees to still go through with contract then it has to be stated who will be resonsible for these repairs . You can agree to a 50/50 resonsibilty or take no resonsibilty at all , cause you are telling them from the get go . ALSO if you state that home is " AS IS " you must STILL include a disclosure statement with all known problems 3. Agreement of sale , this is where you state the asking price of home , and approximatley the day the property will go to settlement . In a case where the "buyer" can not get a mortage all monies are forfeited and this must be stated before ALL contracts are signed . You can not do all 3 of these in 1 contract . When Selling Your Home, Disclose All If you're putting your home on the market, better be sure you're ready to tell all - good and bad. "The majority of lawsuits or claims that occur are as a result of buyers finding out about something that is wrong with their property after the close of escrow and coming to the belief that the seller knew but didn't tell them," says real estate attorney Peter Solecki of Winton & Larson, LLP. Disclosure is vital. In one extreme case, it may have spared a seller from going to jail and even saved lives. The New York Times reported on a trial in the late eighties that found the seller of a home guilty for not disclosing to the buyers that the home's heater had malfunctioned. The buyers and one of their children were asphyxiated by fumes from a gas-fired heater used to de-ice the driveway of their home. Only their 4-year-old child survived. The seller was convicted of involuntary manslaughter. This case is believed to be the first of its kind where a home-seller was held criminally liable for the sale of a home that had a fatal defect. While certainly this isn't a typical scenario, it gives good reason to pay attention to the details that you're disclosing when selling your home. It's not worth it to leave off some important details just because you think the home won't sell or will sell for less money if you disclose any problems. Reporting problems about your property prior to the sale of it can be done through various reporting mechanisms such as the Transfer Disclosure Statement (TDS). But Solecki says some disclosure reporting statements are written in the present tense, which creates a reporting dilemma for some sellers. Buyer Can Decide "The seller will look at the Transfer Disclosure Statement and say, 'Well, there was something wrong but it's not any more; therefore, I don't have to disclose it," Solecki says. He adds, "If [sellers] haven't disclosed it and it turns out to be a problem, then you have a potential significant issue, whereas if it's been disclosed, then the buyer can elect what to do with it." A RE/MAX agent can help you with disclosure forms and every other aspect of selling your home. Locate a RE/MAX agent in your area now. He says this is because the problem has been disclosed by the seller and reported that it's been fixed. This will allow the buyers to feel that the problem has been completely resolved and therefore will not hold up the sale of the home. |