A real estate disclosure is a seller’s written communication to the buyer, in which the property’s condition is REVEALED, to the fullest extent of the seller’s knowledge.
Disclosures are extremely important because much of the arbitration and litigation that takes place in the real estate industry arises because of a failure to disclose. More specifically, the seller knew of some problem, condition or defect, existing or pending, that would lessen the home’s desirability or negatively impact its value in some way, and did not inform the buyer.
Real estate transactions require a broad range of disclosures, from asbestos to zoning. The following list provides a sample of the type of disclosures a buyer may encounter and is NOT exhaustive:
In California most disclosures must be given to the buyer in the early stages of the transaction, and the buyer must have adequate time to review, inquire, accept, reject and/or perform independent inspections. The buyer’s acceptance of the disclosures is usually a contingency in the purchase agreement.