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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.
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