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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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