Disclosures
Again, this must serve as an overview of some of the things that you may run across.
All parties involved in a real estate transaction; sellers, buyers, brokers and lenders have some disclosure duty. Failure to disclose and misrepresentation claims generally make up the majority of real estate disputes.
Disclosure obligations originate from statutes, common law, administrative rule - Lead base disclosure is a Federal statute - pool barrier, airport, condominium/planned unit disclosures are Arizona statues. A broker
must disclose to the client a complete and full disclosure of all known material facts that might affect the clients decision to buy or sell a property (such as informing the seller that they should require security for a carryback financing).
The Arizona Department of Real Estate requires a broker to disclose:
* All offers
* Any known information that the buyer or seller is or may be unable to perform
* If the broker has any interest in the transaction
* If the broker is receiving any profit (above the commission) for the transaction
* The name of any employing broker receiving compensation
Besides some of the above the seller must disclose notice of soil remediation, if the property is located in an
unincorporated area, subdivision disclosures or dangerous drug lab. A buyer must disclose any contingencies - must sell existing home in order to qualify for financing or filed bankruptcy.
This will give you some idea as to what to expect.
All parties involved in a real estate transaction; sellers, buyers, brokers and lenders have some disclosure duty. Failure to disclose and misrepresentation claims generally make up the majority of real estate disputes.
Disclosure obligations originate from statutes, common law, administrative rule - Lead base disclosure is a Federal statute - pool barrier, airport, condominium/planned unit disclosures are Arizona statues. A broker
must disclose to the client a complete and full disclosure of all known material facts that might affect the clients decision to buy or sell a property (such as informing the seller that they should require security for a carryback financing).
The Arizona Department of Real Estate requires a broker to disclose:
* All offers
* Any known information that the buyer or seller is or may be unable to perform
* If the broker has any interest in the transaction
* If the broker is receiving any profit (above the commission) for the transaction
* The name of any employing broker receiving compensation
Besides some of the above the seller must disclose notice of soil remediation, if the property is located in an
unincorporated area, subdivision disclosures or dangerous drug lab. A buyer must disclose any contingencies - must sell existing home in order to qualify for financing or filed bankruptcy.
This will give you some idea as to what to expect.

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