[WSBARP] HR 1951--Amendment to Seller Disclosure Statement
Kary Krismer
Krismer at comcast.net
Thu Jan 13 07:15:39 PST 2022
If you remove the seller knowledge requirements it would be impossible
to answer “yes” or “no” to the following questions of the residential form.
Any of the defect questions because there may be defects the seller has
not learned of.Actually that is almost certain, most sellers learn a lot
when they see an inspection report on their own property.
1C—Encroachments and boundary disputes.The seller would need to somehow
know what their neighbors think.
1E—Easements that affect the buyer’s use (since the seller wouldn’t know
the buyer’s use).
1G—Studies that might affect the property. Any number of government
agencies could have done studies on the area that might somehow affect
the property. Even periodic zoning processes might trigger that.
3D—Septic questions about original permitting and possibly even pumping
or inspection if the seller didn’t do those.Also number of bathrooms if
that wasn’t specified back when the septic was put in.
4B—Has the basement flooded if there is no basement.
4C—Permits if the remodeling was done by a prior owner.
4G—Prior inspections since there is no date limitation and would include
prior ownership periods.
4J—Basement insulation if there is no basement.
5C—Woodstove certifications if the seller wasn’t the purchaser.
7B—Does the property contain fill dirt.If the seller wasn’t around when
the property was developed there is no way of knowing that.
7E—Hazardous substances.That would require extensive testing.
7F—Has the property been used for commercial or industrial purposes.That
would require knowledge back to territorial times.
7G—Soil or groundwater contamination.That would require testing and the
contamination could be from other properties and totally unknown.
7I—Illegal dumping.That could require knowledge prior to the seller’s
ownership.
7J—Drug manufacturing site.That could require knowledge prior to the
seller’s ownership.
9B—Did prior owners make any modifications to a Manufactured Home.That
would require knowledge prior to seller’s ownership.
9C—Were permits obtained for those modifications.Same problem.
Kary L. Krismer
John L. Scott, Inc.
206 723-2148
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