Property Disclosure Statements Are Good For Both Buyers And Sellers If you are in the market for a home recently then you've most likely discovered a form called a Property Disclosure Statement. Their goal is for the seller to be able to disclose any kind of essential aspects of a home that a purchaser needs to know before making an offer. There is a bit of conflicting guidance getting supplied by real estate representatives with sellers being instructed not to utilize them and buyers that are trying to find them just before they produce an offer. Without having proper disclosure real estate offers can fall apart so using this document can help to prevent this from taking place. The Property Disclosure Statement refers to defects which could be in a property and there are basically two distinct sorts. The very first being a patent defect which can be a defect that can very easily be noticed when you see the property. An example of a patent defect would likely be something similar to a broken window. Because this type of defect is definitely apparent it falls under the buyer beware section of the law meaning that the customer cannot come back to the seller after the sale to complain about it. In this case the owner is selling the home as is except if there is a particular clause within the agreement that something is going to be repaired prior to closing. With the other type of defect details are not so cut and dry. Known as a patent defect it refers to an issue in the property that's hidden and can not be seen under the typical circumstances of a walk through or perhaps a home inspection. The law says that if there is a defect in the home which might be possibly harmful for the buyer or the problem doesn't complement the purchaser's expected use or expectation of the property then the defect must be disclosed in advance. Merely covering up a basement leak would likely fit the criteria of a latent defect. Fear of incrimination is exactly what stops several sellers from filling-out a Property Disclosure Statement. In reality if the document is completed honestly the probabilities of incurring a court action as a result of it are really very slim. In fact it is becoming more frequent for buyers to be a bit concered about real estate for sale that doesn't possess a Property Disclosure Statement connected to the listing. The feeling is the fact that the home owner might be wanting to conceal something even if they are not. Nevertheless you do have alternatives available if you're a vendor that is nevertheless a bit uncomfortable with the Property Disclosure Statement. Purchasers may be given a home inspection report supplied by the owner which is completed before the house is listed for sale. This may also possess the additional advantage of not needing to wait for an eager purchaser to have one completed. Before completing any kind of form you need to speak together with your real estate agent and also lawyer but in general these documents do much more good than harm.