The Seller’s Property Disclosure
Sellers are obligated to disclose all known facts that materially and adversely affect the value of the property being sold and are not readily observable. This 7-page form, commonly referred to as the SPDS or “the Spuds,” asks specific questions about your home and is designed to assist you in complying with the disclosure requirements. The benefit to you, the Seller, is that it helps reduce your liability after you’ve closed on the sale of your property. The SPDS is not a substitute for a Buyer’s inspection, nor is it a warranty of any kind. The Disclosure Statement will remain in your file until an offer is received. At that time, the prospective Buyer will have an opportunity to read it and will have to acknowledge receipt in writing. Seller’s Property Disclosure Statement (SPDS):
The SPDS is divided into six general sections.
Ownership and Property:
This section asks for information about the property, such as location, ownership, and occupancy. Any Seller, whether or not they have actually lived in the property, should be able to answer most, if not all, of the questions in this section. Building and Safety Information: This section asks for information regarding the physical aspects of the property. You should disclose any past or present problems with the property and any work or improvements made. You are also asked specifically to disclose any knowledge of past or current presence of termites or other wood-destroying organisms on the property and whether scorpions or other possible “ pests “ have ever been present on the property. Utilities: You are asked whether the property currently receives the listed utilities and, if so, to identify the providers.
Environmental Information:
A variety of environmental information is requested. In addition to questions regarding environmental hazards, you are asked to disclose any issues related to soil settlement/expansion, drainage grade or erosion, noise from surrounding areas, including airport and traffic noise, and any odors or other nuisances. You are also specifically asked if you are aware of any past or present mold growth on the property.
Sewer/Wastewater Treatment:
The questions dealing with sewer or wastewater treatment facilities result from claims involving misrepresentations about whether some valley properties were actually connected to sewer systems. These lines provide space for you to disclose any other important information concerning the property that might affect the buyer’s decision-making process, the value of the property, or its use. Other Conditions/Additional Explanations:
Utilities:
You are asked whether the property currently receives the listed utilities and, if so, to identify the providers.
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