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Home
Practice Areas
Utah Employment Lawyers
Utah Real Estate Lawyers
Utah Business Litigation Lawyers
Utah Public Entity Lawyers
Our Team
D. Scott Crook
Carolyn Howe
Wyatt Macfarlane
Anna Bryner
Carrie Vanous
Blogs/Videos
Crook Legal Group Blog
The Utah Employment Lawyer
Utah Employment Law Quick Tips
Contact Us
☎ (801) 839-7905
Seller Property Condition Disclosure
SELLER PROPERTY CONDITION DISCLOSURE Form
Important Notice
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Under Utah law, a Seller of real property is obligated to disclose to prospective buyers facts about the property: (1) that the Seller knows; (2) that materially and adversely affect the use or value of the property; and (3) that cannot be discovered by an ordinary, prudent buyer upon reasonable inspection. This disclosure form is designed to assist the Seller in complying with this obligation. Disclosure by the Seller is not a substitute for an inspection. The Buyer may wish to personally inspect the property and/or hire a home inspection company to conduct a professional inspection. The information contained in this statement is not a warranty by the Seller as to the condition of the Property. Furthermore, the Seller represents that any figures provided by the Seller in any documents regarding the square footage or acreage of the Property are not based on any personal measurement by the Seller. If the square footage or acreage of the Property is of material concern to the Buyer, the Buyer is advised to verify the square footage or acreage through any independent sources or means deemed appropriate by the Buyer. THE BUYER IS ADVISED NOT TO RELY ON THE SELLER OR ANY OF THE SELLER'S REPRESENTATIVES FOR A DETERMINATION REGARDING THE SQUARE FOOTAGE OR ACREAGE OF THE PROPERTY.
Seller Acknowledgment
1. Seller Name
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2. Seller Email
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3. Property Address
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4. How long has the Seller owned the Property?
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5. Does the Seller currently occupy the Property?
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6. Is the Property currently being used as a rental?
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7. To your knowledge, has anyone made any structural changes to the Property? If yes, please describe.
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8. To your knowledge, is the Property in violation of any laws, such as zoning laws, land use laws, tax laws, or any other law? If yes, please describe.
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9. Are you aware of any existing or threatened legal action affecting the Property? If yes, please describe.
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10. Are you aware of any past or present problems with the roof, e.g. leaks, structural issues, dry rot, moisture damage, or other? If yes, please describe.
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11. Are you aware of any past or present problems with utility service to the Property, e.g. water, sewer, power, internet, or other? If yes, please describe?
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12. Are you aware of any past or present problems affecting the Property relating to water, e.g. flooding, water quality, water pressure, water damage, water service, water accumulation, water leakage, moisture, dampness, lot drainage, condensation, wetlands, sewer overflow, sewer backup, or other? If yes, please describe.
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13. Are you aware of any past or present problems with the plumbing on the Property, e.g. broken sewer lines, broken pipes, consistently slow or clogged drains, or other? If yes, please describe.
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14. Are you aware of any past or present problems with any of the heating or air conditioning systems, e.g. failure to work properly, inadequate air, or other? If yes, please describe.
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15. Are you aware of any past or present problems with any of the appliances, e.g. dishwasher, disposal, washer, dryer, freezer, oven, micro-wave, refrigerator, or other? If yes, please describe.
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16. Are you aware of any past or present problems with any equipment, e.g. audio system, central vacuum system, computer network, security system, smoke alarm, Co2 alarm, water heater, water softener, vent fans, or other? If yes, please describe.
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17. Are you aware of any past or present problems with any fireplace or stove? If yes, please describe.
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18. Are you aware of any past or present problems with any other interior feature of the Property? If yes, please describe.
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19. Are you aware of any past or present problems with the exterior of the Property, e.g. lawn and sprinkler system, pool, rain gutters, moisture damage, dry rot, sink holes, or other? If yes, please describe.
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20. Has the outdoor sprinkler system been winterized (water shut off, pipes drained, etc.)? If yes, please explain what has been done.
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21. Are you aware of any past or present pest problems affecting the Property, e.g. termites, dry rot, rodents, or other? If yes, please describe.
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22. Are you aware of any past or present ground or soil problems affecting the Property or adjoining properties, e.g. settlement, poorly compacted soil, earth movement, sliding earth, or other? If yes, please describe.
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23. Are you aware of any past or present structural or foundation problems affecting the Property, e.g. movement, shifting, deterioration, or other? If yes, please describe.s with the walls or foundation
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24. Are you aware of any geologic, soil, or engineering reports that have been prepared for the Property? If yes, please describe.
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25. Are you aware of any past or present man-made debris that has been buried or covered on the Property, e.g. construction materials, trash, or other? If yes, please describe.
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26. Are you aware of any past or present boundary problems affecting the Property, e.g. fence encroachments, boundary disputes, unrecorded easements, or other? If yes, please describe.
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27. Are you aware of any past or present problems with switches, outlets, wiring, or any other aspect of the electrical system of the Property? If yes, please describe.
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28. Are you aware of any past or present mold on or in any walls, ceilings, floors, fixtures, or any other interior portion of the Property? If yes, please describe.
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29. Are you aware of whether the Property has been professionally inspected for mold? if yes, please describe.
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30. Are you aware of any past or present hazardous conditions, substances, or materials on the Property, such as asbestos, lead-based paint, methane gas, radon gas, radioactive or toxic materials, or ureaformaldehyde foam insulation, buried storage tanks and lines? If yes, please describe.
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31. Is the Property subject to a homeowner's association (HOA)?
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32. Are you aware of any HOA, municipal, special improvement district or other assessments that are presently owing against the Property? If yes, please describe.
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33. To your knowledge, have any insurance claims been filed based on loss or damage to the Property? If yes, please describe.
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34. To your knowledge, has a professional energy efficiency assessment been conducted on the Property? If yes, please describe.
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35. Are you a foreign person, non-resident alien, foreign entity, or foreign trust?
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Required by the Foreign Investment in Real Property Tax Act (FIRPTA)
36. Are you aware of any past or present material problem that may adversely affect the use or value of the Property, not contemplated by the questions above, that cannot be discovered by an ordinary, prudent person upon reasonable inspection? If yes, please describe.
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Verification by Seller
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The Seller verifies that the Seller has prepared this disclosure form and that the information contained herein is accurate and complete to the best of the Seller’s actual knowledge as of the date entered by the Seller below. THE SELLER UNDERSTANDS AND AGREES THAT THE SELLER WILL UPDATE THIS DISCLOSURE FORM IF ANY INFORMATION CONTAINED HEREIN BECOMES INACCURATE OR INCORRECT IN ANY WAY. The Seller authorizes the Seller's attorney to provide copies of this disclosure form to prospective buyers, and to real estate brokers and agents. This disclosure form is not a warranty of any kind.
Acknowledgment by Seller
Seller's Signature
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Enter the name of the person filling out this form.
Date Signed
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Thank you!