The Seller's Disclosure

The seller disclosure by its nature is a negative form. However, there are many ways to utilize the disclosure to demonstrate the improvements you may have invested in over the years.

We have broken down all 38 sections of the form with a brief audio. It will probably not be necessary that you listen to each audio, however if you have a question in that area, we want to be proactive in giving you insight.

As an example, let’s say your basement leaked 11 years ago, however you have had no further issues. The answer is yes! Disclose it! It is wiser to disclose than to litigate after closing. We will walk you through the typical questions people have when completing this form as if we are dialoguing directly with you.

Often times, a person would have inherited a property yet never lived in it. Or they lived in it 15 years ago as a kid.

If this is the case, and you do not know the answers to the questions, fill out the main address section and on the signature page, write “Owner Has Not Occupied The Property Ever” or “Owner Inherited Property and has not occupied it in X years.”

Agents are used to 95% of sales including a disclosure, so it would be wise to provide it.

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Let’s say you disclosed that you have some broken window seals. Just because they have been disclosed does not eliminate them from the building inspection request. At the time of the offer, a typical buyer may not know the cost to replace a window in this condition. If you want that particular issue to be “accepted in its present condition” it needs to be a part of the sale contract, generally in paragraph 21. “The window seal in the master bedroom and the window seal in the upper blue bedroom as broken and sold in their present condition.”

Keep in mind, this is NOT typical. The evening a buyer is making an offer is a very emotional time. Things are occurring very quickly. A window may barely show evidence of a broken seal, other windows may be so “cloudy” you cannot see through it. Thus, the buyer may request you repair or replace those window. The buyer needs to accept that as is portion. The buyer might want further interpretations of the issue.

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Seller’s Disclosure Explained

Page 1 of 6

Subdivisions and Home Owner Fees

Page 2 of 6

HVAC

Fireplace

Plumbing

Water

Sewerage

Page 3 of 6

Appliances

Electrical

Roof, Gutters & Downspouts

Construction

Page 4 of 6

Basement and Crawl Space

Pests and Termites

Soil and Drainage

Hazardous Substances

Page 5 of 6

Survey and Zoning

Insurance

Miscellaneous

Page 6 of 6

Additional Comments

Need a disclosure? Download one here.

Residential Seller’s Disclosure

 

Disclosure Questions? See the FAQ below.

Do I need to complete the Seller's Disclosure before I am listed on the MLS?
Generally, this form is completed before going live on the MLS. If you have not filled out a Seller’s Disclosure before going live in the MLS a home buyer may write an offer on your contingent on seeing the Seller’s Disclosure within 3 days of the acceptance of the Sale Contract, with the Buyers right to terminate the sale contract with the earnest money returned to the Buyer.
Do I have to fill out a Seller's Disclosure?
It is always a good idea to fill out a Seller’s Disclosure, even if it’s not required by law. You may be surprised to learn that there are short- and long-term benefits and protections associated with making disclosures—and that, as a result, many Missouri sellers choose to affirmatively make such disclosures.

Even if you have not lived in the property, you can fill out a Seller’s Disclosure and note that you have not lived in the property.