Praful Thakkar, Andover, MA: Andover Luxury Homes For Sale (LAER Realty Partners)

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Ambassador
3,445,684
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Yes, in both NC & SC.

Sep 06, 2018 09:34 PM
Rainmaker
3,428,162
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Yes. Mandatory varies though. 

Sep 06, 2018 09:39 PM
Rainmaker
3,213,444
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Both in North and South Carolina.

Sep 07, 2018 03:38 AM
Rainmaker
739,202
Eagle Ridge Real Estate Agents
Eagle Ridge Realty - Gilroy, CA
Representing Buyers and Sellers in Eagle Ridge

California.  Yes.  

Sep 06, 2018 09:34 PM
Rainmaker
2,826,691
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

California - YES. 

There are a few exemptions ... mostly misunderstood. 

General rule - disclose what we know. 

Sep 07, 2018 07:11 AM
Ambassador
4,070,764
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Yes and plenty of them!

Sep 06, 2018 09:54 PM
Ambassador
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Fred Griffin, on leave of absence from ActiveRain
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 Not in writing.

Sep 06, 2018 09:38 PM
Rainer
186,892
Raj Taj
RE/MAX - Lake Bluff, IL
Drive By Blessings!

Yes in IL. I would guess it would be mandatory in most states.

Sep 06, 2018 09:37 PM
Rainmaker
793,037
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

It is not mandatory in Massachusetts, BUT I do have the seller's fill out the form. It gives an overall picture of the property history

Sep 07, 2018 03:49 AM
Ambassador
3,983,717
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

It is mandatory if the seller has lived in the property within the last 3 years otherwise the property is exempt. This is the law in TN.

Sep 06, 2018 09:42 PM
Rainmaker
1,368,979
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Yes, for Washington State for the typical sale.  There are several exceptions.

Sep 07, 2018 05:51 AM
Rainmaker
1,558,149
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

Yes in IL along with lead based paint & radon.

Sep 07, 2018 05:19 AM
Rainmaker
1,469,957
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, Blackstone Realty Group - brokered by eXp Realty - Kalispell, MT
The House Kat

No, in NY they have an option to either fill it out or provide a $500 credit to buyers at closing.

Sep 07, 2018 02:53 AM
Rainer
91,432
Jon K. Judd
Keller Williams Realty - Central Delaware - Dover, DE
GRI, e-PRO, SFR, Delaware Homes

It is mandatory (with some exceptions)

Chapter 25, Title 6 of the Delaware Code, requires a Seller of residential property to disclose in writing all material defects of the property that are known at the time the property is offered for sale or that are known prior to the time of final settlement. Residential property means any interest in a property or manufactured housing lot, improved by dwelling units for 1-4 families. The SELLER’S DISCLOSURE OF REAL PROPERTY CONDITION REPORT shall not apply to the following transfers of residential real property. Chapter 25, Title 6, §2577. SELLER(s) has circled each item number below that qualifies the property for exemption. 1. Transfers by a fiduciary in the course of the administration of the decedent's estate, guardianship or trust. Note: For estates, this exemption only applies if the executor or administrator is the seller. If people who inherited the property are the sellers, they must complete the Seller’s Disclosure form. 2. Transfers pursuant to court order such as transfers ordered by the Court of Chancery in the administration of an estate, trust or guardianship or pursuant to a Writ of Execution, by a trustee in bankruptcy or a receiver, by eminent domain, and transfers resulting from a decree for specific performance. 3. Transfers to a mortgagee by a mortgagor in default by a deed in lieu of foreclosure. 4. Transfers by any sheriff's sale for default on an obligation secured by a mortgage, judgment, tax or other lien. Note: If the seller is a lender who acquired the property by a deed in lieu of foreclosure or by sheriff sale, the lender is required to complete the Seller’s Disclosure form where reselling the property. 5. Transfers from one co-owner to one or more other co-owners. 6. Transfers made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors. 7. Transfers between spouses resulting from a property settlement incident to a divorce. 8. Transfers to or from any government entity. 

Sep 07, 2018 02:08 AM
Rainmaker
574,124
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

It is not mandatory in CT but if you choose to not provide it you have to pay $500 to the buyer at closing! So they are usually part of the listing. 

Sep 08, 2018 06:49 AM
Rainmaker
547,457
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Florida: 

Sellers disclosure is mandatory.

It is not mandatory to be in writing.

Eve

ps:  do Florida brokers not know this???

Sep 07, 2018 10:13 AM
Rainmaker
5,507,444
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

There is another option and some exclusions.

Sep 07, 2018 08:55 AM
Rainer
387,729
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

Yes, it is, but not for banks.  

Sep 07, 2018 08:16 AM
Rainmaker
777,642
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Yes

Sep 07, 2018 06:43 AM
Rainmaker
1,659,539
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

It is NOT manditory in ND.

Sep 07, 2018 06:34 AM
Rainmaker
3,367,071
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Yes, it is mandatory! And I  have the sellers fill it out in their own hand!

Sep 07, 2018 05:56 AM
Rainmaker
3,129,025
Richard Weeks
Dallas, TX
REALTOR®, Broker

For the most part yes; however there are some properties that are exempt.  The top 3 are foreclosures, new homes, and estates.

Sep 07, 2018 04:25 AM
Rainmaker
351,362
Jay McHugh
SendOutCards-Appreciation Marketing Expert - Boston, MA
YOUR SendOutCard Mentor

No.... and I find this document useless for sellers as it just puts them in a position that can come back to hurt them .... I recommend to buyer agents put all questions in writing when submitting an offer and the seller will answer them to their best of their knowledge .... 

Sep 07, 2018 04:13 AM
Ambassador
1,656,151
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

It has been since 1995.

Sep 07, 2018 03:39 AM
Rainmaker
713,054
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

ABSOLUTELY! 

Sep 08, 2018 08:12 AM
Rainmaker
1,500,682
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

Yes, unless it is a trust, flip, reo when the seller never lived there or it was rented last few years. 

Sep 07, 2018 09:47 PM
Rainmaker
1,222,272
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Yes, with about ten exceptions. Ugh!

Sep 07, 2018 07:56 PM
Rainmaker
3,858,563
Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.750.6899 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

Yes.

Sep 07, 2018 05:33 PM
Rainmaker
4,432,467
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Yes.

Sep 07, 2018 04:16 PM
Rainmaker
854,716
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I'm in the same state as Fred Griffin LOL

Sep 07, 2018 01:38 PM
Rainmaker
3,243,562
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

In Colo. it is not.

Sep 07, 2018 11:40 AM
Rainmaker
417,715
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

The seller's disclosure is required for all homes. For vacant land, it is optional.

Sep 07, 2018 10:01 AM
Rainmaker
941,240
Thomas J. Nelson, Realtor e-Pro, CRS, RCS-D, Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Yes.

Sep 07, 2018 09:42 AM
Rainmaker
1,559,660
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Yes in CA, no in FL

Sep 07, 2018 09:00 AM
Rainmaker
451,119
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

with few exceptions, yes.

Sep 07, 2018 06:56 AM
Rainmaker
4,574,646
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Disclose, disclose, disclose or be deposed in California...A

Sep 07, 2018 06:44 AM
Rainmaker
705,151
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

Not mandatory. Highly encouraged.

Sep 07, 2018 06:41 AM
Rainmaker
781,058
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Not mandatory, but expected. Has no legal binding. Is the basis for litigation when a buyer goes stupid.

Be aware, one can not prove what they do not know and THAT is the issue with all such disclosures. Deliberate CONCEALMENT is a different issue. And the last three big real estate fraud cases in the Tampa area involved ATTORNEYS who know this is a 'Buyer beware' state.

Sep 07, 2018 05:29 AM
Rainmaker
647,940
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

Yes; without it the buyer gets a $500 credit and lots of curiosity about why it wasn't completed.  It's not required for estates or condos.  

Sep 07, 2018 05:12 AM
Rainmaker
1,846,864
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Yes for about 22 yrs

Sep 07, 2018 05:11 AM
Rainmaker
576,889
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

I'm assuming disclosere that they are a real estate agent?  Both Buyers and Sellers must disclose.

Sep 07, 2018 04:43 AM
Rainmaker
5,121,933
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

it's foolish NOT to have a seller fill that disclosure.......

Sep 07, 2018 04:35 AM
Rainmaker
2,996,836
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

No sir, while it is recommended, it is not

Sep 07, 2018 04:02 AM
Rainmaker
1,264,132
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Yes, in CA there are a series of disclosures that are mandatory for the sellers to give.

Sep 12, 2018 09:03 PM
Rainmaker
4,160,705
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Not in writing.

Sep 11, 2018 08:35 AM
Ambassador
1,265,414
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

Sellers' lawyers advise against completing the form and Buyers' Agents all ask for it.  Waste of time as it is in "the Sellers opinion"!!  We have court cases backed up with regard to this.  Buyer beware and have a thorough home inspection!

 

Sep 10, 2018 08:33 AM
Rainmaker
3,983,713
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Yes unless weller has not lived in the home or the buyer signs a waiver

Sep 09, 2018 07:46 PM
Rainmaker
65,733
Ricardo Mello
Manhattan Miami Real Estate - Manhattan, NY
Manhattan & Miami Real Estate Agent

Yes

Sep 08, 2018 07:05 PM
Rainmaker
745,310
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

No, sellers can pay $500.00 at closing instead.

Sep 08, 2018 04:43 PM
Ambassador
2,896,752
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

it is not, but I encourage it.

Sep 08, 2018 02:56 PM
Rainmaker
1,338,520
Wayne and Jean Marie Zuhl
Samsel & Associates - Clark, NJ
The Last Names You'll Ever Need in Real Estate

Yes.

Sep 08, 2018 07:54 AM
Ambassador
918,037
Frank Rubi
Frank Rubi Real Estate, LLC - Metairie, LA
FrankRubiRealEstate.com

Louisiana Yes

Sep 07, 2018 07:40 PM
Ambassador
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Anna Banana Kruchten CRB, CRS
Phoenix Property Shoppe - Phoenix, AZ
602-380-4886

Yes it is mandatory and part of our AAR contract.

Sep 07, 2018 04:21 PM
Rainmaker
677,492
Sharon & Bruce Walter
Keller Williams Realty Lafayette, IN - Lafayette, IN
West Lafayette homes for sale

Praful, it is with a few exceptions.  We strongly encourage the seller to list all known material defects and safety issues.  The sellers are also supposed to re-certify at closing that no new issues have arisen since the property was placed under contract.

Sep 07, 2018 04:12 PM
Rainmaker
1,086,868
Gary Frimann, CRS, GRI
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

Yes.  Not only seller, but the agent has a duty to walk the property and note anything that may affectt value.

Sep 07, 2018 12:20 PM
Rainmaker
2,485,500
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I use it and do it mandatory or not. How can it not be is a good question

Sep 07, 2018 06:56 AM
Rainmaker
4,797,822
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

No.

Sep 07, 2018 06:40 AM
Rainmaker
3,052,318
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It is not mandatory in NH but i always recomend it. and if they do not know, write that but no blanks

Sep 07, 2018 05:15 AM
Ambassador
4,372,463
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

In most cases it is required.

Sep 07, 2018 05:02 AM
Rainmaker
301,143
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

A Seller in MD Must fill out a disclosure or disclaimer statement and there are 5 cases where a property would be exempt.

Sep 07, 2018 04:36 AM