If you’re a homeowner in Johnson County, Kansas and thinking about putting your home on the real estate market, you will be required to submit a Seller’s Disclosure. One of the easiest ways to find yourself in a lawsuit with real estate is to leave something out on this document. This is where you’ll disclose all adverse and material facts about your home. The SD will cover the age of your home, how long you’ve owned it, if it was occupied by you and if you are aware of any issues. There are sections for roofing, foundation, pests, etc.
Furthermore, you will note if any items, like ceiling fans, appliances, TVs and so on, are staying or going, operating or not, and if they are covered or considered as-is. The Seller’s Disclosure is filled out by the homeowner directly but a professional real estate agent may answer your questions about this complicated document as well as give guidance so it includes as much as possible. It’s truly there to protect you and you should never leave anything out.
PRO Tip for Buyers
If the Seller’s Disclosure says the Refrigerator is staying, that is not contractual and you should still include it in the Residential Sales Contract.
PRO Tip for Sellers
If you want to leave an appliance, ie. the Refrigerator, but don’t want it covered in the inspections, don’t include it on the Seller’s Disclosure. Instead, ask the buyers if they’d like it after inspections. If they don’t, we can help you sell it on the Marketplace.
FSBO Tip
If you’re selling your home For Sale By Owner, you should consider filling out a Seller’s Disclosure to protect yourself in the future. If an issue arises after you’ve sold your home, a signed Seller’s Disclosure can help you avoid the lawsuit altogether if it was included on that form. Do you know how long someone has to come back at you with a lawsuit? You may want to watch my video, Can I Get Sued After Selling My Home?
Have a question? It could end up on our Q&A with Heather Brulez. Send it over or drop a comment!
Heather Brulez
Reece Nichols
913-948-3918
913-323-7222