You’ve got your Havasu home on the market. You’ve completed your “honey do” list. It’s priced to sell. Someone’s put in an offer. Now the real paperwork begins. You must fill out a disclosure form for the buyers. But what do you have to include in your Havasu home disclosure form?
What is Havasu Home Disclosure Form?
In any Arizona real estate transaction, the seller is legally required to fill out a Seller’s Property Disclosure Statement (“spuds” for short). On this form, the seller lists all information they know of about past defects that may materially affect the property in question. If a seller knows of a past or present issue and does not include it on their Havasu home disclosure form, they can be held liable for damages the new owner faces in the future from said issue.
What Must be Included on the Disclosure Form?
The law states that a seller must disclose any problems they personally have knowledge of. That includes any disclosures the previous owner made to them when they bought the place, even if the issues were resolved before the seller took ownership of the property. For example, did you have to replace the swimming pool pump? Have you made any repairs to the electrical, HVAC or plumbing system? Were these done before you bought the house? If you don’t know an answer, don’t guess. You’re only required to disclose information that you know personally. However, if a buyer asks a question about something you don’t think is important, you must answer it.
The disclosure form should be completed and given to the buyer no later than three calendar days from contract acceptance. If any repairs are done or issues discovered after the form has been completed, the seller needs to inform the buyer of these new developments. Even if you consider it a minor problem, you should still disclose the information to the buyer and let them know what, if anything, you are doing to resolve the issue.
What Doesn’t Need to be Included?
While being forthright with information is important, sellers don’t need to discuss everything on the Havasu home disclosure form. First, it’s not the seller’s responsibility to let the buyer know about any registered sex offenders in the area. Next, they needn’t disclose whether anyone living on the property had AIDS, had any exposure to HIV or if they acquired any other disease while living there (as long as it is not transmittable through day-to-day living). Finally, sellers don’t have to tell whether or not any murders, suicides or felonies were committed on the property. If asked, the seller may say that they legally don’t have to answer that question. Or, you can go ahead and tell the buyer it if you’d like. Just don’t lie about it.
When it comes to the Havasu home disclosure form, honesty really is the best policy. If a buyer asks you a question that you don’t know the answer to, “I don’t know” is perfectly acceptable. Always discuss any questions you have about the Havasu home disclosure form with your REALTOR@ first. They can guide you through the entire process.
Lori Dee Doerfler, Helping you negotiate through all the real estate noise