Section 17: Property Conditions and Disclosures Flashcards
Property Conditions And Disclosures:
When In Doubt Disclose:
* When should there be disclosures?
o When ________ exist that affect property value or intended use by
someone else normally in a real estate transaction for sale.
Conditions
Property Conditions And Disclosures:
When In Doubt Disclose:
* ________:
Declare, explain, obtain documentation, give choices to the parties so that they can make an informed decision and not hold other party liable.
Disclosure
Property Conditions And Disclosures:
When In Doubt Disclose:
Agents’ best recourse is to be the ________ of the source and to disclose anything that you feel is important to the transaction.
Source
Property Conditions And Disclosures:
When In Doubt Disclose:
* Our duty is to protect the public, as well as ourselves and the brokerage.
* Often best said- if ________ would want to know about it, disclose it.
You
Property Conditions And Disclosures:
Duties of Disclosures:
* Any individual who is party to a real estate transaction and has knowledge of something that could ________ impact the transaction has a duty to disclose.
Materially
Property Conditions And Disclosures:
Duties of Disclosures:
* Common law has imposed duties on ________ of real estate, especially residential to disclose any material facts known to the seller affecting the value or desirability.
Sellers
Property Conditions And Disclosures:
Duties of Disclosures:
* SELLERS must disclose:
o Written list of known property ________.
o Answer buyer questions regarding property condition.
o Disclose any information wherein previous disclosure might lead to false assumption.
Defects
Property Conditions And Disclosures:
Duties of Disclosures:
* Buyers also have a duty to deal honestly and fairly with all parties including the seller.
o BUYERS who knowingly can’t close on a transaction are guilty of failure to disclose pertinent facts and can be held ________ for damages.
Liable
Property Conditions And Disclosures:
Duties of Disclosures:
o Buyers are responsible for actual notice however: the buyer is ALSO responsible for inspection of ________, like public records for liens, or attachments.
Notices
Property Conditions And Disclosures:
Duties of Disclosures:
* Real estate agents have a duty to ________ parties involved in a transaction – not just the person or entity that they are representing but also to the other party and agents.
All
Property Conditions And Disclosures:
Duties of Disclosures:
* Real Estate Brokers and Agents have the MOST liability since they are licensed and trained in ALL aspects of ________.
Disclosure
Property Conditions And Disclosures:
Duties of Disclosures:
Agent Disclosures:
o Agents must disclose any information that may negatively affect the ________ paid.
Price
Property Conditions And Disclosures:
Duties of Disclosures:
Agent Disclosures:
o Must also disclose IF KNOWN, that their party may not be able to ________.
Perform
Property Conditions And Disclosures:
Duties of Disclosures:
Agent Disclosures:
o Sellers agent may know of a ________ that could prohibit the sale.
Divorce
Property Conditions And Disclosures:
Duties of Disclosures:
Agent Disclosures:
o Buyers agent may know that buyer is planning on filling for ________.
Bankruptcy
Property Conditions And Disclosures:
Duties of Disclosures:
* Realtors® may be held to an even HIGHER standard as they all pledge to abide by and
uphold the National Code of Ethics.
* The “________” is the easiest answer to disclosure.
o Would you want someone to disclose this item to you
o If you answer yes, DISCLOSE IT!
* It is always better to error on the side of caution and to disclose vs not disclose and face consequences later.
Golden Rule
Property Conditions And Disclosures:
Contracts:
* Agents commonly use Boilerplate contracts and addendums drafted and modified by the ________ for real estate contracts.
* In the contracts are certain stipulations that must be followed by all parties in order to protect not only the agent/broker but also buyers and sellers.
Arizona Association of Realtors (AAR)
Property Conditions And Disclosures:
Seller Property Disclosure Statements (SPDS):
Purchase Contract requires the seller to provide the buyer with the Seller Property Disclosure Statements (SPDS) within ________ Days of the acceptance of the contract.
3 Days
Property Conditions And Disclosures:
o SPDS means ________.
Seller Property Disclosure Statements
Property Conditions And Disclosures:
Seller Property Disclosure Statements (SPDS):
Seller Property Disclosure Statements (SPDS) is a very important source of information that buyers and inspectors rely upon to educate themselves on the history of the home.
The sellers will fill out the SPDS to the best of their ability and must disclose latent defects, ownership history, ________, previous damages and so on.
Pests
Property Conditions And Disclosures:
Seller Property Disclosure Statements (SPDS):
* Buyers will have their inspection period to investigate any items found in the Seller Property Disclosure Statements (SPDS).
or any other type of inspection they deem necessary pertinent to the sale.
*This is also known as the buyers ‘________’.
Due Diligence Period
Property Conditions And Disclosures:
Seller Property Disclosure Statements (SPDS):
________:
Steps taken by someone to verify important information.
Due Diligence
Property Conditions And Disclosures:
Seller Property Disclosure Statements (SPDS):
In Arizona it is commonly the ________ Day Due Diligence inspection period unless agreed to otherwise.
10 Day
Property Conditions And Disclosures:
________:
* At the end of the inspection period, buyers sign a this to give to sellers.
Buyers Inspection Notice and Sellers Response (BINSR)