Sellers Disclosure: Telling the Whole Truth

photo of a sellers real property disclosure

Sellers Disclosure: Telling the Whole Truth

What is a Sellers Disclosure?

A Sellers Real Property Disclosure (SRPD) is a document, in the State of Florida, used by Sellers to communicate, in writing, any and all known defects, past or present, in their home. Unlike the Lead Based Paint Disclosure, which is a Federally required document, when the home was built prior to 1978, a written SRPD is not required.

However, contained within the standard and most widely used Sales Contract, is the following statement:

SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence, Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected building, environmental or safety code violation.

What are my obligations? Do I need an Attorney?

In other words, simply refusing to complete the SRPD does not relieve you of any duty to disclose such facts. If you have or had an issue and you’re unsure what your required to do, speak to an Attorney; NOT your Realtor.

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