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Write a Real Estate Disclosure Statement for a property seller
Real Estate Disclosure Statement
This Real Estate Disclosure Statement is provided by [Seller's Full Name] ("Seller") to [Buyer's Full Name] ("Buyer") in connection with the potential sale of the property located at [Property Address] ("Property"). This statement is intended to disclose all material facts known to the Seller about the Property.
1. Introduction
This disclosure statement is provided in accordance with the requirements of the Kenyan law, specifically the [Insert relevant Kenyan law, e.g., Land Registration Act, 2012]. It is important to note that this statement is not a substitute for a professional inspection of the Property. The Buyer is strongly encouraged to conduct their own independent inspections and investigations to determine the condition of the Property.
2. Property Information
Property Address: [Property Address]
Legal Description: [Legal Description of the Property]
Property Type: [e.g., Residential, Commercial, Agricultural]
Number of Bedrooms: [Number of Bedrooms]
Number of Bathrooms: [Number of Bathrooms]
Year Built: [Year the Property was Built]
Square Footage: [Approximate Square Footage of the Property]
Lot Size: [Size of the Lot in Acres or Square Meters]
Zoning: [Current Zoning of the Property]
3. Property Condition
Structural Condition: [Describe the structural condition of the Property, including any known defects or repairs. For example, "The foundation is in good condition. There are no known structural defects." ]
Roofing: [Describe the condition of the roof, including any known leaks or repairs. For example, "The roof is in good condition. It was last replaced in [Year]."]
Plumbing: [Describe the condition of the plumbing system, including any known leaks or repairs. For example, "The plumbing system is in good condition. There are no known leaks." ]
Electrical: [Describe the condition of the electrical system, including any known problems or repairs. For example, "The electrical system is in good condition. It was last inspected in [Year]."]
Heating and Cooling: [Describe the condition of the heating and cooling systems, including any known problems or repairs. For example, "The heating and cooling systems are in good condition. They were last serviced in [Year]."]
Appliances: [List all appliances included in the sale and describe their condition. For example, "The Property includes a refrigerator, stove, oven, dishwasher, and microwave. All appliances are in good working order." ]
Foundation: [Describe the condition of the foundation, including any known cracks or repairs. For example, "The foundation is in good condition. There are no known cracks." ]
Flooring: [Describe the condition of the flooring, including any known damage or repairs. For example, "The flooring is in good condition. There are no known damages." ]
Walls and Ceilings: [Describe the condition of the walls and ceilings, including any known cracks, water damage, or repairs. For example, "The walls and ceilings are in good condition. There are no known cracks or water damage." ]
Windows and Doors: [Describe the condition of the windows and doors, including any known leaks or repairs. For example, "The windows and doors are in good condition. There are no known leaks." ]
Exterior: [Describe the condition of the exterior of the Property, including any known problems or repairs. For example, "The exterior of the Property is in good condition. The paint is fresh and there are no known problems with the siding." ]
Landscaping: [Describe the condition of the landscaping, including any known problems or repairs. For example, "The landscaping is in good condition. The lawn is well-maintained and there are no known problems with the trees or shrubs." ]
Fencing: [Describe the condition of the fencing, including any known problems or repairs. For example, "The fencing is in good condition. There are no known problems with the fence." ]
Drainage: [Describe the condition of the drainage system, including any known problems or repairs. For example, "The drainage system is in good condition. There are no known problems with the drainage." ]
Septic System: [If applicable, describe the condition of the septic system, including any known problems or repairs. For example, "The septic system is in good condition. It was last inspected in [Year]." ]
Well Water: [If applicable, describe the condition of the well water, including any known problems or repairs. For example, "The well water is in good condition. It was last tested in [Year]." ]
4. Property History
Previous Owners: [List any previous owners of the Property and the dates of ownership. For example, "The Property was previously owned by [Previous Owner's Name] from [Date] to [Date]." ]
Property Use: [Describe the history of the Property's use. For example, "The Property has been used as a single-family residence since it was built." ]
Property Improvements: [List any major improvements made to the Property, including the dates of the improvements. For example, "The roof was replaced in [Year]. The kitchen was remodeled in [Year]." ]
Property Defects: [List any known defects or problems with the Property, including the dates of the defects or problems. For example, "The Property has a small crack in the foundation. The crack was repaired in [Year]." ]
Property Encumbrances: [List any known encumbrances on the Property, including mortgages, liens, easements, or covenants. For example, "The Property is subject to a mortgage held by [Mortgage Lender]." ]
Property Hazards: [List any known hazards on the Property, including environmental hazards, flood hazards, or seismic hazards. For example, "The Property is located in a flood zone." ]
5. Disclosures
Lead Paint: [If the Property was built before 1978, the Seller must disclose whether they are aware of any lead paint in the Property. For example, "The Seller is not aware of any lead paint in the Property." ]
Asbestos: [If the Seller is aware of any asbestos in the Property, they must disclose this information. For example, "The Seller is not aware of any asbestos in the Property." ]
Radon: [If the Seller is aware of any radon in the Property, they must disclose this information. For example, "The Seller is not aware of any radon in the Property." ]
Mold: [If the Seller is aware of any mold in the Property, they must disclose this information. For example, "The Seller is not aware of any mold in the Property." ]
Termites: [If the Seller is aware of any termites in the Property, they must disclose this information. For example, "The Seller is not aware of any termites in the Property." ]
Other Hazards: [If the Seller is aware of any other hazards on the Property, they must disclose this information. For example, "The Property is located near a busy road." ]
6. Seller's Signature
I, [Seller's Full Name], hereby certify that the information contained in this Real Estate Disclosure Statement is true and accurate to the best of my knowledge and belief.
[Seller's Signature]
[Date]
7. Buyer's Signature
I, [Buyer's Full Name], have received and reviewed this Real Estate Disclosure Statement.
[Buyer's Signature]
[Date]
8. Disclaimer
This Real Estate Disclosure Statement is not a substitute for a professional inspection of the Property. The Buyer is strongly encouraged to conduct their own independent inspections and investigations to determine the condition of the Property. The Seller makes no warranties, express or implied, regarding the condition of the Property.
9. Legal Advice
This Real Estate Disclosure Statement is for informational purposes only and does not constitute legal advice. The Buyer is advised to consult with an attorney to obtain legal advice regarding the purchase of the Property.
10. Case Laws
Case Law 1: [Case Name] ([Year]) - This case established the legal requirement for sellers to disclose material facts about the Property.
Case Law 2: [Case Name] ([Year]) - This case clarified the definition of "material facts" in the context of real estate disclosures.
Case Law 3: [Case Name] ([Year]) - This case addressed the consequences of failing to disclose material facts about the Property.
11. Sources
[Case Law 1](http://www.kenyalaw.org/caselaw/cases/view/[Case ↗ ID])
[Case Law 2](http://www.kenyalaw.org/caselaw/cases/view/[Case ↗ ID])
[Case Law 3](http://www.kenyalaw.org/caselaw/cases/view/[Case ↗ ID])
12. Conclusion
This Real Estate Disclosure Statement is intended to provide the Buyer with information about the Property. The Buyer is encouraged to review this statement carefully and to conduct their own independent inspections and investigations to determine the condition of the Property.
13. TLDR
This Real Estate Disclosure Statement is a legal document that outlines the condition and history of the Property. It is important for both the Seller and the Buyer to review this statement carefully and to conduct their own independent inspections and investigations to determine the condition of the Property.
Sample Real Estate Disclosure Statement
Real Estate Disclosure Statement
Property Address: [Property Address]
Seller: [Seller's Full Name]
Buyer: [Buyer's Full Name]
Date: [Date]
1. Property Information
Property Address: [Property Address]
Legal Description: [Legal Description of the Property]
Property Type: [e.g., Residential, Commercial, Agricultural]
Number of Bedrooms: [Number of Bedrooms]
Number of Bathrooms: [Number of Bathrooms]
Year Built: [Year the Property was Built]
Square Footage: [Approximate Square Footage of the Property]
Lot Size: [Size of the Lot in Acres or Square Meters]
Zoning: [Current Zoning of the Property]
2. Property Condition
Structural Condition: [Describe the structural condition of the Property, including any known defects or repairs. For example, "The foundation is in good condition. There are no known structural defects." ]
Roofing: [Describe the condition of the roof, including any known leaks or repairs. For example, "The roof is in good condition. It was last replaced in [Year]."]
Plumbing: [Describe the condition of the plumbing system, including any known leaks or repairs. For example, "The plumbing system is in good condition. There are no known leaks." ]
Electrical: [Describe the condition of the electrical system, including any known problems or repairs. For example, "The electrical system is in good condition. It was last inspected in [Year]."]
Heating and Cooling: [Describe the condition of the heating and cooling systems, including any known problems or repairs. For example, "The heating and cooling systems are in good condition. They were last serviced in [Year]."]
Appliances: [List all appliances included in the sale and describe their condition. For example, "The Property includes a refrigerator, stove, oven, dishwasher, and microwave. All appliances are in good working order." ]
Foundation: [Describe the condition of the foundation, including any known cracks or repairs. For example, "The foundation is in good condition. There are no known cracks." ]
Flooring: [Describe the condition of the flooring, including any known damage or repairs. For example, "The flooring is in good condition. There are no known damages." ]
Walls and Ceilings: [Describe the condition of the walls and ceilings, including any known cracks, water damage, or repairs. For example, "The walls and ceilings are in good condition. There are no known cracks or water damage." ]
Windows and Doors: [Describe the condition of the windows and doors, including any known leaks or repairs. For example, "The windows and doors are in good condition. There are no known leaks." ]
Exterior: [Describe the condition of the exterior of the Property, including any known problems or repairs. For example, "The exterior of the Property is in good condition. The paint is fresh and there are no known problems with the siding." ]
Landscaping: [Describe the condition of the landscaping, including any known problems or repairs. For example, "The landscaping is in good condition. The lawn is well-maintained and there are no known problems with the trees or shrubs." ]
Fencing: [Describe the condition of the fencing, including any known problems or repairs. For example, "The fencing is in good condition. There are no known problems with the fence." ]
Drainage: [Describe the condition of the drainage system, including any known problems or repairs. For example, "The drainage system is in good condition. There are no known problems with the drainage." ]
Septic System: [If applicable, describe the condition of the septic system, including any known problems or repairs. For example, "The septic system is in good condition. It was last inspected in [Year]." ]
Well Water: [If applicable, describe the condition of the well water, including any known problems or repairs. For example, "The well water is in good condition. It was last tested in [Year]." ]
3. Property History
Previous Owners: [List any previous owners of the Property and the dates of ownership. For example, "The Property was previously owned by [Previous Owner's Name] from [Date] to [Date]." ]
Property Use: [Describe the history of the Property's use. For example, "The Property has been used as a single-family residence since it was built." ]
Property Improvements: [List any major improvements made to the Property, including the dates of the improvements. For example, "The roof was replaced in [Year]. The kitchen was remodeled in [Year]." ]
Property Defects: [List any known defects or problems with the Property, including the dates of the defects or problems. For example, "The Property has a small crack in the foundation. The crack was repaired in [Year]." ]
Property Encumbrances: [List any known encumbrances on the Property, including mortgages, liens, easements, or covenants. For example, "The Property is subject to a mortgage held by [Mortgage Lender]." ]
Property Hazards: [List any known hazards on the Property, including environmental hazards, flood hazards, or seismic hazards. For example, "The Property is located in a flood zone." ]
4. Disclosures
Lead Paint: [If the Property was built before 1978, the Seller must disclose whether they are aware of any lead paint in the Property. For example, "The Seller is not aware of any lead paint in the Property." ]
Asbestos: [If the Seller is aware of any asbestos in the Property, they must disclose this information. For example, "The Seller is not aware of any asbestos in the Property." ]
Radon: [If the Seller is aware of any radon in the Property, they must disclose this information. For example, "The Seller is not aware of any radon in the Property." ]
Mold: [If the Seller is aware of any mold in the Property, they must disclose this information. For example, "The Seller is not aware of any mold in the Property." ]
Termites: [If the Seller is aware of any termites in the Property, they must disclose this information. For example, "The Seller is not aware of any termites in the Property." ]
Other Hazards: [If the Seller is aware of any other hazards on the Property, they must disclose this information. For example, "The Property is located near a busy road." ]
5. Seller's Signature
I, [Seller's Full Name], hereby certify that the information contained in this Real Estate Disclosure Statement is true and accurate to the best of my knowledge and belief.
[Seller's Signature]
[Date]
6. Buyer's Signature
I, [Buyer's Full Name], have received and reviewed this Real Estate Disclosure Statement.
[Buyer's Signature]
[Date]
7. Disclaimer
This Real Estate Disclosure Statement is not a substitute for a professional inspection of the Property. The Buyer is strongly encouraged to conduct their own independent inspections and investigations to determine the condition of the Property. The Seller makes no warranties, express or implied, regarding the condition of the Property.
8. Legal Advice
This Real Estate Disclosure Statement is for informational purposes only and does not constitute legal advice. The Buyer is advised to consult with an attorney to obtain legal advice regarding the purchase of the Property.
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