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Obligations to disclose information
about a property vary from state to state.
Under the strictest laws, the seller and the seller?s
broker, if there is one, are required to disclose all facts materially
affecting the value or desirability of the property which are known or
accessible only to him.
Items sellers often disclose include: homeowners
association dues; whether or not work done on the house meets local building
codes and permits requirements; the presence of any neighborhood nuisances or
noises which a prospective buyer might not notice, such as a dog that barks
every night or poor TV reception; any death within three years on the property
and any restrictions on the use of the property, such as zoning ordinances or
association rules.
It is wise to check your state's disclosure rules prior
to a home purchase. |
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While it may not reduce the actual
value, a cluttered landscape can detract from the positive aspects of your
home. Review your local laws, which should be on file at the public library,
county law library or City Hall.
A typical "junk vehicle" ordinance, for example, requires
any disabled car to either be enclosed or placed behind a fence. And most
cities prohibit parking any vehicle on a city street too long.
It also may be worthwhile to check into local zoning
ordinances. An operator of a home-based business usually is required to obtain
a variance or permanent zoning change in residential areas.
In addition, if a neighbor's repair work produces loud
noises, he may be breaking local noise-control ordinances, which are enforced
by the police department.
Before bringing in the authorities, you may want to make
a copy of the pertinent ordinance and give it to your neighbor to give them a
chance to correct the problem.
Resources: * "Neighbor Law: Fences, Trees,
Boundaries and Noise," Cora Jordan, Nolo Press, Berkeley, Calif.; 1991.
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Home inspections, seller disclosure
requirements and the agent's experience will help. Disclosure laws vary by
state, but in some states, the law requires the seller to complete a real
estate transfer disclosure statement. Here is a summary of the things you could
expect to see in a disclosure form:
* In the kitchen -- a range, oven, microwave, dishwasher,
garbage disposal, trash compactor. * Safety features such as burglar and
fire alarms, smoke detectors, sprinklers, security gate, window screens and
intercom. * The presence of a TV antenna or satellite dish, carport or
garage, automatic garage door opener, rain gutters, sump pump. * Amenities
such as a pool or spa, patio or deck, built-in barbeque and fireplaces. *
Type of heating, condition of electrical wiring, gas supply and presence of any
external power source, such as solar panels. * The type of water heater,
water supply, sewer system or septic tank also should be disclosed.
Sellers also are required to indicate any significant
defects or malfunctions existing in the home's major systems. A checklist
specifies interior and exterior walls, ceilings, roof, insulation, windows,
fences, driveway, sidewalks, floors, doors, foundation, as well as the
electrical and plumbing systems.
The form also asks sellers to note the presence of
environmental hazards, walls or fences shared with adjoining landowners, any
encroachments or easements, room additions or repairs made without the
necessary permits or not in compliance with building codes, zoning violations,
citations against the property and lawsuits against the seller affecting the
property.
Also look for, or ask about, settling, sliding or soil
problems, flooding or drainage problems and any major damage resulting from
earthquakes, floods or landslides.
People buying a condominium must be told about covenants,
codes and restrictions or other deed restrictions.
It's important to note that the simple idea of disclosing
defects has broadened significantly in recent years. Many jurisdictions have
their own mandated disclosure forms as do many brokers and agents. Also, the
home inspection and home warranty industries have grown significantly to
accommodate increased demand from cautious buyers. Be sure to ask questions
about anything that remains unclear or does not seem to be properly addressed
by the forms provided to you. |