Seller's Property Disclosure - Residential

--- ## Page 1 ### Seller's Property Disclosure – Residential **Notice to Licensee and seller:** Only the **Seller** should fill out this form. **Notice to Seller:** Florida law¹ requires a **Seller** of a home to disclose to the **Buyer** all known facts that materially affect the value of the property being sold and that are not readily observable or known by the **Buyer**. This disclosure form is designed to help you comply with the law. However, this disclosure form may not address every significant issue that is unique to the Property. You should think about what you would want to know if you were buying the Property today; and if you need more space for additional information, comments, or explanations, check the Paragraph 12 checkbox and attach an addendum. **Notice to Buyer:** The following representations are made by **Seller** and **not** by any real estate licensee. This disclosure is not a guaranty or warranty of any kind. It is not a substitute for any inspections, warranties, or professional advice you may wish to obtain. It is not a substitute for your own personal judgment and common sense. The following information is based only upon **Seller's** actual knowledge of the Property's condition. **Sellers** can disclose only what they actually know. **Seller** may not know about all material or significant items. You should have an independent, professional home inspection to verify the condition of the Property and determine the cost of repairs, if any. This disclosure is not a contract and is not intended to be a part of any contract for sale and purchase. **Seller** makes the following disclosure regarding the property described as: _______________________________________________________ (the "Property") The Property is ☐owner occupied ☐tenant occupied ☐unoccupied (If unoccupied, how long has it been since **Seller** occupied the Property? _________________________________ | | Yes | No | Don't Know | |---|---|---|---| | **1. Structures; Systems; Appliances** | | | | | (a) Are the structures including roofs: ceilings; walls; doors; windows; foundation; and pool, hot tub, and spa, if any, structurally sound and free of leaks? | ☐ | ☐ | ☐ | | (b) Is seawall, if any, and dockage, if any, structurally sound? | ☐ | ☐ | ☐ | | (c) Are existing major appliances and heating, cooling, mechanical, electrical, security, and sprinkler systems, in working condition, i.e., operating in the manner in which the item was designed to operate? | ☐ | ☐ | ☐ | | (d) Does the Property have aluminum wiring other than the primary service line? | ☐ | ☐ | ☐ | | (e) Are any of the appliances leased? If yes, which ones: _________________________ | ☐ | ☐ | ☐ | (f) If any answer to questions 1(a) - 1(c) is no, please explain: _______________________________________________________ | | Yes | No | Don't Know | |---|---|---|---| | **2. Termites; Other Wood-Destroying Organisms; Pests** | | | | | (a) Are termites; other wood-destroying organisms, including fungi; or pests present on the Property or has the Property had any structural damage by them? | ☐ | ☐ | ☐ | | (b) Has the Property been treated for termites; other wood-destroying organisms, including fungi; or pests? | ☐ | ☐ | ☐ | (c) If any answer to questions 2(a) - 2(b) is yes, please explain: _______________________________________________________ | | Yes | No | Don't Know | |---|---|---|---| | **3. Water Intrusion; Drainage; Flooding** | | | | | (a) Has past or present water intrusion affected the Property? | ☐ | ☐ | ☐ | | (b) Have past or present drainage or flooding problems affected the Property? | ☐ | ☐ | ☐ | | (c) Is any of the Property located in a special flood hazard area? | ☐ | ☐ | ☐ | | (d) Is any of the Property located seaward of the coastal construction control line? | ☐ | ☐ | ☐ | | (e) Does your lender require flood insurance? | ☐ | ☐ | ☐ | | (f) Do you have an elevation certificate? If yes, please attach a copy. | ☐ | ☐ | ☐ | (g) If any answer to questions 3(a) - 3(d) is yes, please explain: _______________________________________________________ --- ¹ *Johnson v. Davis*, 480 So.2d 625 (Fla. 1985). **Seller** (______) (______) and **Buyer** (______) (______) acknowledge receipt of a copy of this page, which is Page 1 of 4. SPDR-3 Rev 2/20 Serial#: 098427-100160-2439651 ©2020 Florida Realtors® Form Simplicity --- ## Page 2 ### 4. Plumbing **(a)** What is your drinking water source? ☐ public ☐ private ☐ well ☐ other | | Yes | No | Don't Know | |:---|:---:|:---:|:---:| | **(b)** Have you ever had a problem with the quality, supply, or flow of potable water? | ☐ | ☐ | ☐ | | **(c)** Do you have a water treatment system? | ☐ | ☐ | ☐ | If yes, is it ☐ owned ☐ leased? **(d)** Do you have a ☐ sewer or ☐ septic system? If septic system, describe the location of each system: _________________________________ | | Yes | No | Don't Know | |:---|:---:|:---:|:---:| | **(e)** Are any septic tanks, drain fields, or wells that are not currently being used located on the Property? | ☐ | --- ## Page 4 | | **Yes** | **No** | **Don't Know** | |:---|:---:|:---:|:---:| | **(f)** Are there any zoning violations or nonconforming uses? | ☐ | ☐ | ☐ | | **(g)** Are there any zoning restrictions affecting improvements or replacement of the Property? | ☐ | ☐ | ☐ | | **(h)** Do any zoning, land use or administrative regulations conflict with the existing use of the Property? | ☐ | ☐ | ☐ | | **(i)** Do any restrictions other than association or flood area requirements, affect improvements or replacement of the Property? | ☐ | ☐ | ☐ | | **(j)** Are any improvements located below the base flood elevation? | ☐ | ☐ | ☐ | | **(k)** Have any improvements been constructed in violation of applicable local flood guidelines? | ☐ | ☐ | ☐ | | **(l)** Have any improvements to the Property, whether by you or by others, been constructed in violation of building codes or without necessary permits? | ☐ | ☐ | ☐ | | **(m)** Are there any active permits on the Property that have not been closed by a final inspection? | ☐ | ☐ | ☐ | | **(n)** Is there any violation or non-compliance regarding any unrecorded liens; code enforcement violations; or governmental, building, environmental and safety codes, restrictions or requirements? | ☐ | ☐ | ☐ | | **(o)** If any answer to questions 10(a) - 10(n) is yes, please explain: _______________ | | | | --- ### 11. Foreign Investment in Real Property Tax Act ("FIRPTA") **(a)** Is the **Seller** subject to FIRPTA withholding per Section 1445 of the Internal Revenue Code? ☐ Yes ☐ No ☐ Don't Know **If yes, Buyer and Seller should seek legal and tax advice regarding compliance.** --- ### 12. ☐ **(If checked) Other Matters; Additional Comments** The attached addendum contains additional information, explanation, or comments. **Seller** represents that the information provided on this form and any attachments is accurate and complete to the best of **Seller's** knowledge on the date signed by **Seller**. **Seller** authorizes listing broker to provide this disclosure statement to real estate licensees and prospective **buyers** of the Property. **Seller** understands and agrees that **Seller** will promptly notify **Buyer** in writing if any information set forth in this disclosure statement becomes inaccurate or incorrect. **Seller:** _________________________________ / _________________________________ **Date:** _______________                       (signature)                                          (print) **Seller:** _________________________________ / _________________________________ **Date:** _______________                       (signature)                                          (print) **Buyer** acknowledges that **Buyer** has read, understands, and has received a copy of this disclosure statement. **Buyer:** _________________________________ / _________________________________ **Date:** _______________                       (signature)                                          (print) **Buyer:** _________________________________ / _________________________________ **Date:** _______________                       (signature)                                          (print) --- **Seller** (______) (______) and **Buyer** (______) (______) acknowledge receipt of a copy of this page, which is Page 4 of 4. SPDR-3 Rev 2/20 Serial#: 098427-100160-2439651 ©2020 Florida Realtors® Form Simplicity