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Massachusetts Association of RealtorsŪ Sellerīs Description of Property
Seller's Statement
The seller authorizes the brokers or salespersons to provide the following information to prospective buyers. This information is based upon the sellerīs actual knowledge and is not intended as a guarantee of the condition of the property or the continued satisfactory operation of any system.
Property Address __________________________________________ |
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I. TITLE/ZONING/BUILDING/INFORMATION |
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- Seller/Owner ____________________________________
How long owner? ______________________ |
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- How long occupied? ____________________
Approximate year built? ___________________ |
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- Do you know of any title problems (for example, easements, use restrictions or lot line disputes)? If yes, please explain.
_______________________________________________ _______________________________________________ |
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a) Do you know of any easements, common driveways, or rights of way pertaining to the property? If yes, explain _______________________________________________ |
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- Zoning classification of property ______________________
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- Do you know of any zoning problems/violations? Explain
_______________________________________________ |
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- Do you know of any variances or special permits? Explain
_______________________________________________ |
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- Has any work been done on the property which required a permit? If yes, explain.
_______________________________________________ |
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- Is the property in a flood zone or wetlands? Explain
_______________________________________________ | |
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II. SYSTEM UTILITIES INFORMATION |
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Do you know of any current problems with the systems listed below? Please explain any work you have had done. |
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- Has there ever been an underground fuel tank? If yes, has it been removed? _________
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- HEATING SYSTEM:
Problems? Explain _______________________________________________ a) Approximate date of last service _____________ b) Reason ________________________________ c) Identify any unheated rooms ______________________ |
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- DOMESTIC HOT WATER:
Type _____________________ Age _______ Burners owned or rented? _______________ Problems? Explain _______________________________ |
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- SEWAGE SYSTEM:
Problems? Explain _______________________________________________ Type: Municipal Sewer _____ Private _____ If private, describe type of system: (cesspool, septic tank, etc.) ___________________________________ Age ________ Name of service company __________________________ If private, date of last inspection _____________ |
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- PLUMBING SYSTEM:
Problems/Leaks/Freezing? Explain _______________________________________________ |
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- DRINKING WATER SOURCE:
Public ___ Private ___ If private: a) Location _____________________________ b) Age of pump __________________ c) Date last tested ________________ |
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- ELECTRICAL SYSTEM:
Problems? Explain _______________________________________________ |
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- APPLIANCES:
List appliances that are included _______________________________________________ |
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- SECURITY SYSTEM:
None ___ Type _________ Age _____ Company _____________________ |
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- AIR CONDITIONING:
Central ____ Window ____ Other ____ None ____ Problems? Explain _______________________________________________ | |
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III. BUILDING/STRUCTURAL IMPROVEMENTS INFORMATION |
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- FOUNDATION:
Problems? Explain _______________________________________________ |
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- BASEMENT:
Water ____ Seepage ____ Dampness ____ Explain amount, frequency, and location _______________________________________________ |
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- ROOF:
Problems? Explain ____________________________________________ Location of leaks/problems _______________________ |
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- CHIMNEY/FIREPLACE:
Date last cleaned _____________ Problems? Explain _______________________________________________ Wood/Coal/Pellet Stove in compliance with installation regulations/code/bylaws? ____________ If not, explain _______________________________________________ |
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- FIRE/SMOKE DAMAGE:
History of damage, if any _______________________________________________ |
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- FLOORS:
Type of floors under carpet/linoleum _______________________________________________ |
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- WALLS:
a) INTERIOR Walls: Problems? Explain _______________________________________________ |
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- WINDOWS:
Original ____ Replacement ____ If replacement, age __________ |
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- INSULATION:
Does house have insulation? If yes, type _______________ Date installed ___________ Location __________________ |
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- ASBESTOS:
Do you know whether asbestos is present in exterior shingles, pipe covering or boiler insulation? _______________________________________________ |
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- LEAD PAINT:
Is lead paint present? If yes, locations (attach copy of inspection reports) __________________________ If yes, describe abatement plan/interim controls, if any _______________________________________________ |
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- RADON:
Has test for radon been performed? If yes attach copy _______________________________________________ |
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- INSECTS:
History of Termite/Insect/Pest Problems? If yes explain treatment and dates _______________________________________________ |
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- OTHER:
Building/structural problems, explain _______________________________________________ | |
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IV. CONDOMINIUM INFORMATION |
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- If converting to condominium, are documents approved and recorded (Master/Unit deed etc.)?
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- PARKING:
Is parking space(s) included? If yes, are they deeded or common? ____________________ |
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- CONDO FEES:
Current fees for Unit are $______________ Heat included? Electricity included? |
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- RESERVE FUND:
Has an advance payment been made to a condo reserve fund? If yes, how much $__________ |
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- CONDO ASSOC. INFO:
Is ownersī association currently involved in any litigation? If yes, explain _______________________________________________ | |
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V. RENTAL PROPERTY INFORMATION |
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- NUMBER OF UNITS:
___________
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- RENTS:
Number of units occupied ______ Rents paid $__________ |
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Any tenants without leases? Is owner holding last monthīs rent __________ security deposit? __________ If yes, had interest been paid? _____ a) If security deposit held, attach a copy of statements. Attached _____ Not attached _____ | |
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VI. MISCELLANEOUS INFORMATION |
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- Water drainage problems? Explain __________________
______________________________________________ |
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- Do you know of any other problems which may affect the value or use of the property which may not be obvious to a prospective buyer? _______________________________
______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ | |
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VII. EXPLANATORY MATERIAL |
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The following clauses are provided for descriptive purposes only. For detailed information, consult the Massachusetts Department of Public Health, the Massachusetts Department of Environmental Protection, or other appropriate agency, or your attorney. |
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A. Flood Hazard Insurance Disclosure Clause
The lender may require Flood Hazard Insurance as a condition of the mortgage loan if the lender determines that the premises is in a flood hazard zone.
B. Chlordane Disclosure Clause (Question 47)
Pesticide products containing chlordane were banned in Massachusetts on June 11, 1985, following a determination by the Department of Food and Agriculture that the use of chlordane may cause unreasonable adverse effects on the environment including a risk of cancer. Although existing data does not conclusively prove that significant health effects have occurred as a direct result of chlordane use, the long-term potential health risks are such that it is prudent public health policy, according to the Department, to eliminate the further introduction of chlordane into the environment.
C. Urea-Formaldehyde Foam Insulation Disclosure Clause
The buyer acknowledges that he has been advised that Urea Formaldehyde Foam Insulation (UFFI) has been declared by the Massachusetts Department of Public Health (DPH) to be a banned hazardous substance and that new installation is prohibited. Where UFFI was previously installed, the seller is required to advise the buyer (1) where such UFFI is located and, if known, when it was installed; (2) a copy of test results concerning the air level of formaldehyde, and (3) a copy of information from the DPH concerning UFFI and formaldehyde levels. Under certain circumstances the cost of removal may be reimbursed. Exposure to hazardous levels of formaldehyde may cause personal injuries, including headaches, nausea or cancer. The buyer acknowledges that he has been advised to consult the DPH or his attorney for further information.
D. Asbestos Disclosure Clause
The United States Consumer Product Safety Commission has maintained that asbestos materials are hazardous if they release separate fibers which can be inhaled. Asbestos is a common insulation material on heating pipes, boilers, and furnaces. It may also be present in certain types of floor and ceiling materials, shingles, plaster products, cements and other building materials. The buyer may have the property professionally inspected for the presence of asbestos and if repair or removal of asbestos is desired, proper safety guidelines must be observed. |
E. Lead Paint Disclosure Clause
Whenever a child under six years of age resides in any residential premises in which any paint, plaster or other accessible material contains dangerous levels of lead, the owner is required by law, to remove all said paint, plaster or cover with appropriate materials so as to make in inaccessible to a child under six years of age. Consumption of lead is poisonous and may cause serious personal injury. Whenever such residential premises containing dangerous levels of lead undergoes a change of ownership, as a result, a child under six years of age will become a resident, the new owner is required by law to remove said paint, plaster or cover with appropriate materials so as to make it inaccessible to such child.
F. Hazardous Materials Disclosure Clause
In certain circumstances Massachusetts law can hold an owner of real estate liable to pay for the cost of removing hazardous or toxic materials from real estate and for damages resulting from the release of such materials, according to the Massachusetts Oil and Hazardous Material Release and Response Act, General Laws, Chapter 21E. The buyer acknowledges that he may have the property professionally inspected for the presence of, or the substantial likelihood of release of oil or hazardous material and such proof of inspection may be required as a prerequisite for financing the property.
G. Radon Disclosure Clause
Radon is an odorless, colorless, tasteless gas produced naturally, in the ground by the normal decay of uranium and radium. Radon can lead to the development of radioactive particles which can be inhaled. Studies indicate the result of extended exposure to high levels of radon may increase the risk of developing lung cancer. | |
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Seller(s) hereby acknowledge that the information set forth above is true and accurate to the best of my (our) knowledge. I (we) further agree to defend and indemnify the broker(s) and any subagents for disclosure of any of the information contained herein. Seller(s) further acknowledge receipt of copy of Sellerīs Description of Property.
Seller _____________________________________ Date ______________
Seller _____________________________________ Date ______________
Buyer/Prospective Buyer acknowledges receipt of Sellerīs Description of Property. Buyer acknowledges that Broker has not verified the information herein and Buyer has been advised to verify information independently.
Buyer _____________________________________ Date ______________
Buyer _____________________________________ Date ______________ | |
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