Disclosure Form

Where can I find out the exact purpose, when it is to ba available, what the content should be, and if there is an item on the disclosure form are they required to fix it. if its NOT an AS IS sale.

I have asked 10 Realtors these questions and have gotten 10 different answers. Should they be available BEFORE the offer is made? Meaning that if the house is filled with termites and leaking and its on the disclosure form it may mean that mt bid would be different.

If I say the refrigerator does not work on the disclosure form, am I REQUIRED to repair it on a typical contract? I just told you it didn’t work, bid accordingly.

No one can give me a straight answer here in Fla…problably because they do not know. I called the Florida Real Estate Commission and THEY did not know and told me to go to a Florida Real Estate Educator…I called two and got two different answers…I want to put together an email explaining the disclosure statement…but cannot find consistent information

Thanks in advance

Talk to a real estate attorney and get his opinion. Then, it will be his opinion and may need to be validated in the court system.

Helpful…huh?

In my area the buyers get to see the disclosure form before they make an offer. If something is on the disclosure form they cannot ask for it to be repaired. The disclosure form in Missouri is not worth the paper it is printed on (very hard to take legal action against seller and win). Inspectors do not usually get to see the disclosure form, so we do not know what is on them. Sometimes it is best this way. Some Realtors do understand their own forms. This is why I think there is a lot of Realtors being sued.

http://boxlots12.zftp.com/flhl/shortsale/SellersPropertyDisclosure.pdf

I have also seen that there are no laws on the books in Fla as to what must be disclosed?!

If a disclosure is provided, it must be provided BEFORE receipt of a contract to purchase.

In my sate it is required.
Repairs do not have to be made.
A property inspection is recommended and the seller MUST advise the buyer of this.
Seller must update disclosure right up to the time of close of escrow.

Use Google and read for yourself.

Here are the 2 most widely used FAR contracts for purchase and sale:

http://www.realestatesizzle.com/wp-content/uploads/2007/05/FAR_2D9_20Contract.pdf

http://www.pier51mortgage.com/pdfs/FAR-Residential-Sale-and-Purchase-Contract.pdf

Regards

Gerry

Danke Gerry…and gang, its helpful

Bitte schön Russ

Gerry