Seller`s Disclosure Statement (No. 7304) – Sellers are required to enter into this disclosure and make it available to buyers before signing a purchase and sale agreement. This revelation describes the seller`s knowledge of the material defects of his property. Residential sales contracts generally contain promises and provisions that guarantee the condition of a property. Many states legally require sellers to deivate explicit information about the condition of a property. In states where this is necessary and where a seller deliberately conceals such information, they may be prosecuted for fraud. There will also be two new changes – what else? – Form-ASR (and of course other sales contracts). Although minor, these changes are very important because they affect the rights and remedies that your clients have under the contract. The first change affects the buyer`s rights if the seller is not able to transfer a little less than the full title. Since the form is currently written, the buyer`s only option is to terminate the contract if the seller is unable to transfer « good marketable securities »; From July, the buyer will have an additional opportunity to « take a title that the seller can pass on. » This allows the buyer to choose between taking a less than perfect security and terminating the agreement.
Ownership of the property can only be legally transferred if the buyer and seller accept the terms of the contract and enter their signature into the contract. The second amendment relates to the paragraph of the mediation agreement. Mediation is the preferred method of resolving disputes between buyers and sellers, but while the parties wait for the process to proceed, the aggrieved party may lack valuable time to preserve their contractual rights. The new language gives both parties permission to bring all claims that may be required during mediation to an appropriate court. I think (and I honestly thought it was) that it should be mandatory that disclosure from an online seller should be available to anyone who plans a home. Last week I had to contact a ReMax agent for someone, and I`ve already done it once – sometimes it takes a few days to get it. Why this is not mandatory to offer as part of the list agreement, would be the buyer, if they look at a house for the first time. To see the examples lined in red, make sure you`re connected to the PARealtors.org site and visit the form pages. Then click « The red-lined version » under the download button.