COMMON  ISSUES A  SELLER  WILL  NEED  TO  BE  AWARE  OF

Did you know that in today's market selling your home comes with overwhelming responsibility,
not to mention liability? Oh, Yes, Responsibilities and Liabilities, and an "As Is" clause may not hold up in court.  A seller's duties and responsibilities to the general public are huge, and seller's are being held to a higher standard of ethics, not to mention local, state, and federal standards, laws and regulations.  If these standard's are not met the possibilities of being sued are endless.  Why not
work with a competent real estate agent who can help you understand these standards.  I can help you sell your home the right way and show you how to reduce your liability!

Seller's are obligated by law to disclose all known material (important) facts about the property to
the buyer.  There are some very specific disclosures that seller's are required by statute to make.  Arizona law requires that you disclose material facts about the property whether or not you are
asked by the buyer or a real estate agent.  For example, sellers are required to disclose information on lead based paint in homes built prior to 1978, and if the property is in the vicinity of a military or public airport.  Other disclosures may include Super Fund Areas, pests, CC&Rs, Home Owners Association Documents, repairs and/or additions made to the property, expansive soil, swimming pool barrier regulations, flood plain status, property boundaries, mold and others.  You may also be required to complete and record an affidavit of disclosure if you are selling property in an unincorporated area of a county.

If the buyer asks you about an aspect of the property, you have a duty to disclose the information, regardless of whether or not you consider the information material.  You also have a legal duty to disclose facts when disclosure is necessary to prevent a previous statement from being misleading or misrepresented: for example, if something changes.  However, a seller does not generally have a
legal obligation to correct defects in the property, as long as the defects are disclosed.  Any correction of the defects is a matter of contract negotiation between you and the buyer.

If you DO NOT make the legally required DISCLOSURES, you may be SUBJECT TO CIVIL LIABILITY.  Under certain circumstances, nondisclosure of a fact is the same as saying that the fact does not exist.  Therefore, nondisclosure may be given the same legal effect as FRAUD, and an
As Is clause may not stand up in court.  When in doubt, Disclose, Disclose, Disclose!  LAWS
VARY FROM STATE TO STATE, SO PLEASE VERIFY DISCLOSURE LAWS IN YOUR STATE.

PLEASE NOTE:  By law, sellers are not obligated to disclose that the property is or has been:
(1)the site of a natural death, suicide, homicide, or any other crime classified as a felony;(2)owned
or occupied by a person exposed to HIV, or diagnosed as having AIDS or any other disease not known to be transmitted through common occupancy of real estate; or (3)located in the vicinity of a sex offender.  However, the law does not protect a seller who makes an intentional misrepresentation.    Simply, you will be referred to the local police department and to sex offender websites.

The Arizona Association of REALTORS® Seller's Property Disclosure Statement ("SPDS") is designed to assist you in making these legally required disclosures and to avoid inadvertent nondisclosures of material fact.  You should complete the SPDS by answering all questions as truthfully and as thoroughly as possible.  Attach copies of any available invoices, warranties, inspection reports, and leases, to insure that you are disclosing accurate information.  Also, use the blank lines to explain your answers.  If you do not have the personal knowledge to answer a
question, it is important not to guess-use the blank lines to explain the situation.

Click here to see The Benefits of Comparative Pricing.

A real estate agent is NOT responsible for the condition of a home; however, a real estate agent can assist the seller buy providing resources to the seller.  The information provided here is designed to give information to the general public.  As my client you will have access to your very own
Concierge Service through Coldwell Banker Success Realty.  In addition, please check out our Award Winning Marketing!