Mandated Discosrue Flashcards
Seller Property Disclosure
- Maybe in a form or written list
- Discloses issues that may influence a buyer decisions
- sellers complete disclosure form not the broker
- Sellers and brokers must disclose all material defect, visible and un-visible
Material Defects
Revealed to the party the agent represents and then to broker/salesperson and parties of transaction
Stigmatized properties req. determined by state
Broker is no responsible for discovering latten (hidden) facts that the seller did not disclose
-Licensee who withholds information may be guilty of misrep or fraud, contract can be voidable
All environmental factor outside property, such as neighborhood safety, is considered a material defect b/c impacts value of property
Offers to client
Must be presented to client unless otherwise specified
Liting broker must follow the sellers direction to prevent harm to others
Buyer Material defects
-Ability to get a loan
buyers an buyer’s agent have to disclose if the buyer is unable to get a loan
Home Warranty Programs
coverage of major appliances
feature a deductble and may exclude some itms
terms an length of warranty by company
New house Construction warranties
Covers roof or other structural fails after closing
does not cover structural damage from outside forces
failur of workmanship and material - merchantability an habitability