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Salt Lake City Blog for Russian and English speaking community looking for real estate, legal and translating services and/or information

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801-649-5883
Marina Vialtsina

Thursday, May 15, 2008

Seller's Disclosures


We have just a little more to finish reviewing Real Estate Purchase Agreement.


* Some potential buyers might be scared when seller's disclosure (personal information of the seller is not available of the house). Do not worry! If you are a buyer, you have a right to do the inspection anyway in all situations:

1. "As-Is" Addendum
2. Non-Occupant Addendum...
3. 10.2 modified

I will review what is 10.2 tomorrow... As a seller, do you have to repair anything buyer would want you to? And, what is the difference between "As-Is" and 10.2 modified?

* Why wouldn't Seller provide Seller's Disclosure? And, if you are a seller, when you would not want to?

If you have limited information about the property, the best thing to do is to provide the Buyers with a non-occupant addendum, it is better than making information up.

* Is it correct to request Seller's Disclosures the next day?

Even though it happens very often, keep in mind that seller's disclosure is not one document, it is a set of documents which include:

1. actual seller' disclosure
2. a copy of any leases affecting the property not expiring prior to closing
3. written notice of any claims and/or conditions known to seller relating to environmental problems and building or zoning code violations
4. commitment for the policy of title insurance
5. and, as a buyer, you can request more here...

In other words, it may take more time to gather this information. The quickest Title company can provide you policy of title insurance is 3 days.

* Especialy, if you are buying a condo, chances are, you have Home Owner's Association (HOA). And, if you do, HOA has CC&R (community rules and regurlation). My suggestion is never to ask seller's agent to provide these rules to you, get it from the 3rd disinterested party.

Lots of war stories are told about omitted information in CC&R, just so buyer will purchase the property

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