Is a Seller’s Disclosure Really Necessary?
A seller’s disclosure is a document that provides details about possible issues with the property or home, including but not limited to, roof repairs, leaks, or foundation cracks. In North Carolina, this disclosure is required for all residential sales except in the cases of estate sales and foreclosures. The seller’s disclosure, also known as a property disclosure, provides transparency, allowing the home buyer insight into the property’s condition and protecting the seller from potential lawsuits.
Repairs and Renovations
Any repairs or renovations that were made throughout the history of the home should be detailed in the disclosure, along with whether appropriate permits were acquired. Buyers may also request homeowner’s insurance claim history to better understand recurring or large issues.
Structural and Mechanical Issues
Although these may be found in a home inspection, known foundational or mechanical issues (i.e., plumbing, electric, sewer, septic) should be included in the disclosure with supporting information.
Hazards and Defects
Sellers need to disclose any known hazards or defeats that could affect the health and safety of buyers. This includes toxic substances such as lead-based paint, termites, asbestos, mold, and radon, as well as environmental hazards and natural disaster potential.
Zoning, Liens, HOAs, and Nuisances
Buyers must be informed about any zoning regulations and existing liens on the property to ensure they fully understand financial obligations that come with the home. The seller must provide information about any homeowner’s association rules, fees, and regulations. Also, nuisances that are near the home and may create loud or smelly environments, such as factories, airports, or farms must be included in the seller’s disclosure.
Even if your state doesn’t require a seller’s disclosure, it’s typically recommended since the seller may be found liable for repairs under certain circumstances.
When you sell your home with HomeSource Realty, we’ll guide you through the entire process, including writing the seller’s disclosure. Call us today at (828) 252-1023 to get started on your new chapter!