Kansas City Seller's Disclosure & Condition of Property

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Importance of the Seller's Disclosure 

The Seller's Disclosure & Condition of Property Addendum used in Kansas City Home Sale Contracts

This document is where the home Seller discloses to Buyers, potential Buyers, listing agents, selling agents, etc. all material defects, conditions and facts known to the Seller which may materially affect the value of the property.  It is critical that Seller's fill out and provide this disclosure so once a  Buyer is ready to move forward with making an offer, they will be able to promptly review the Seller's Disclosure.  The Buyer will review it and make their offer to purchase the home after taking the Seller's Disclosure into consideration.  If no Seller's Disclosure is presented by the Seller it will likely raise a red flag with Buyers and may very well lead a Buyer to not make an offer (exceptions may include investment properties, repossessed properties, etc.).  Another important reason for filling out the disclosure is it assists  Sellers in remembering past problems with the home they may have forgotten about. 

Filling out this document could prevent the seller from being sued later for not disclosing all material defects, conditions and facts about the home.  While determining what IS a material defect or condition may not always seem clear cut, it is important that Sellers leave nothing out if they want to minimize the possibility of a future lawsuit.   The Seller should look at the disclosure as an opportunity to tell Buyers the history of the home, as they know it, and to also let Buyers know what they have done in the past to correct any related issues.  If a Seller finds themselves questioning whether an item should be disclosed, the answer is most likely YES it should. 

On the Kansas City Regional Association of Realtor Seller's Disclosure and Condition of Property Addendum, the Buyer is informed of the following:

• That the information being provided by the home Seller is limited to information of which the Seller has actual knowledge of at the time the document is dated.
• That the Seller is required only to make an honest effort at completely revealing the information requested on the Seller's Disclosure.
• That the property is being sold by the Seller without any warranty or guaranty.
• That the Buyer understands they need to independently inspect and satisfy any concerns they may have with information in the Seller's Disclosure and that the document should not be construed as a substitution for conducting home inspections.
• That the Buyer has been advised to have the property independently inspected by their own professional home inspector(s).
• That neither the Seller, the Broker or the Agent possesses expertise at detecting or repairing any material defects or conditions with the home.
• That the document is NOT a warranty of any type being presented by the Seller, Broker or Agent.

Home Buyers should keep in mind that the Seller doesn't have to (or is not able to) report problems they are unaware of.  If a Buyer finds out later there is a problem with the home, they would have to be able to prove that the Seller was aware of the problem and didn't disclose it.  If that were to happen the following questions may arise:

• If the Buyer is confident the Seller must have known about a material defect or condition, can the Buyer prove it in court?
• If the Buyer feels they could prove it in court, the Buyer must decide if it's worth it (time wise and financially) to actually file a lawsuit.

In summary, while it is a very important part of the Kansas City real estate sale contract, the Seller's Disclosure and Condition of Property Addendum is not 100% protection against problems with a home.  Buyers should always have a professional home inspection company do a thorough check of the home they are purchasing. 

H ome Buyers always have the option of trying to negotiate any necessary repairs into the contract, but they may also need to consider that the Seller may already be factoring such conditions into the listing price of the home.  That's where having a Realtor who is a great negotiator on your side will really help.  Contact Jason Brown Premier Realty Group when buying real estate or a home for sale in Kansas City, Overland Park, Lenexa, Olathe, Shawnee, Leawood, Gardner, Prairie Village or the Kansas City metro area. 

To learn more about Kansas City home inspections and inspection companies, please visit our Inspections and Warranty page.

If you would like to receive a copy of the Kansas City Regional Association of Realtors Seller's Disclosure and Condition of Property Addendum, please Contact Us to Request Info .  

Consult an attorney if you have specific Disclosure questions.

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