SELLER'S  PROPERTY  DISCLOSURE  STATEMENT

The SPDS is divided into six general sections:

1) Ownership and Property:  This section asks for general information about the property, such as location, ownership and occupancy.  Any seller, whether or not the seller has actually lived in the property, should be able to answer most, if not all, of the questions in this section.

2) Building and Safety Information:  This section asks for information regarding the physical aspects of the property.  You should disclose any past or present problems with the property and any work or improvements made to the property.  You are also asked specifically to disclose any knowledge of past or current presence of termites or other wood destroying organisms on the property, and whether scorpions or other possible "pests" have ever been present on the property.  Although many sellers will answer affirmatively to these questions, they were necessitated by lawsuits involving the alleged nondisclosure of these natural inhabitants.

3) Utilities:  You are asked whether the property currently receives the listed utilities, and if so, to identify the provider.  The water source and any known information about drinking water problems should also be disclosed.

4) Environmental Information:  A variety of environmental information is requested.  In addition to questions regarding environmental hazards, you are asked to disclose any issues relating to soil settlement/expansion, drainage/grade, or erosion; nose from the surrounding area including airport and traffic noise; and any odors or other nuisances.  As a result of recent lawsuits and potential health concerns, you are asked specifically if you are aware of any past or present mold growth on the property.  Mold spores are everywhere and when mold spores drop in places where there is water damage or excessive moisture, or where there has been flooding, mold will grow.  Thus, you are asked to disclose any conditions conducive to mold growth, such as past or present dampness/moisture, flooding, and water damage or water leaks of any kind.

5) Sewer/Wastewater Treatment:  There are many questions dealing with the topic of sewer or wastewater treatment as a result of claims involving alleged misrepresentations that the property was connected to a sewer, when in fact it was not.  You are asked if the entire property is connected to a sewer and if so, whether the sewer connection has been professionally verified.  If the property is served by an on-site wastewater treatment facility, i.e., a septic or alternative wastewater system, a variety of additional information is required.

6) Other Conditions and Factors-Additional Explanations:  These blank lines are provided for you to disclose any other important information concerning the property that might affect the buyer's decision-making process, the value of the property, or its use, and to make any other necessary explanations.

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.  For example, if you are asked whether there has been a death on the property and you know that there was such a death, you should not answer "no" or "I do not know"; instead you should either answer truthfully or respond that you are not legally required to answer the question.  Simply, they can be referred to the local police department and to sex offender websites.