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  • Writer's pictureChris Goff

Essential Disclosures for Real Estate Contracts

When it comes to real estate investing, the importance of transparency cannot be overstated. One of the primary ways investors maintain this transparency is through the use of disclosures in their contracts with sellers. These disclosures protect both parties, ensuring everyone is on the same page regarding the property's condition, potential risks, and terms of the sale. Here are the key disclosures that every real estate investor should include in their seller contracts:


1. Property Condition Disclosure


The property condition disclosure is a comprehensive report that details the current state of the property. It should include information about the age and condition of major systems such as the roof, plumbing, heating, and electrical systems. This disclosure also covers any known defects or issues with the property, such as foundation problems, water damage, or pest infestations.


2. Lead-Based Paint Disclosure


If the property was built before 1978, federal law requires that sellers disclose any known presence of lead-based paint. The disclosure should also inform the buyer of the potential risks associated with lead-based paint, like developmental issues in children and health problems in adults.


3. As-Is Disclosure


An 'As-Is' disclosure states that the property is being sold in its current condition, with no guarantees or warranties about its state or condition. This means the buyer is responsible for any repairs or improvements needed after the purchase.


4. Financing Disclosure


This part of the contract outlines the specific terms of the financing agreement. It should detail the loan amount, interest rate, loan term, and any prepayment penalties. The disclosure should also clarify whether the investor is obtaining traditional financing or if they're using creative financing strategies like owner financing or lease options.


5. Real Estate Contract Contingencies


The phrase "subject to my financial partners' approval" is often used in business and real estate transactions to indicate that the person making the offer or proposal does not have the final say in the matter. Instead, the decision depends on whether their financial partners (such as investors, lenders, or business partners) approve of the transaction.


6. Disclosure of Environmental Hazards


If the seller knows of any environmental hazards on the property, such as asbestos, mold, radon, or contaminated soil, these should be disclosed to the buyer.


7. Conflict of Interest Disclosure


If there's any personal, business, or financial relationship between the buyer (investor) and the seller beyond the transaction at hand, it should be disclosed. This helps maintain transparency and trust throughout the process.


While this list covers many of the essential disclosures for real estate investors, it's not exhaustive. Depending on the location and specifics of the property, additional disclosures may be necessary. Always consult with a real estate attorney or professional to ensure you're fully compliant with local and federal laws.


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Remember, full disclosure doesn't just protect you legally; it also builds trust with your sellers and paves the way for successful future deals. Happy investing!

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