What a seller has to tell you – and doesn’t have to

In previous articles, I’ve spoken at length about the importance of inspections. In addition to doing your own due diligence, the owner of the property is a great resource for helping you learn about any past or present problems.

According to state law, a seller must disclose material facts about the property, even if not directly asked. To assist with this process, the seller should complete a form called the Seller Property Disclosure Statement (SPDS). Most of the questions focus on structural and environmental issues, problems with the electrical and plumbing systems, and general property information such as utility providers and HOA fees.

Under the same laws, however, there are some facts a seller does not have to disclose. While the seller is not allowed to make an intentional misrepresentation of the facts, they can respond that they are not legally required to answer the question. Luckily, some of those things can be easily found with a little bit of internet sleuthing.

The first is whether the property is near the home of a sex offender. You can find this information by using the Arizona Department of Safety sex offender database.

Another critical bit of information is whether a natural death, murder or any other kind of felony was committed at the property. There are state and federal websites where you can find a breakdown of crime. The Arizona Dept. of Safety and the FBI websites analyze statistics according to crime type and how it compares with state and national trends.

Another good idea is to Google the address of the home you are looking to buy. Many news organizations print the house number and street where crimes happen simply as a point of clarity.

Additionally, there are some questions you may have about topics not covered in the SPDS, like whether the home sits in a good school district. Normally, if the surrounding schools are highly rated, the sellers will make it a selling point. But some may not know or care. Either way, you can get an idea by referencing websites like niche.com or greatschools.org.

Crime links
Sex offender registry: AZDPS.gov
Arizona Crime Statistics: AZCrimeStatistics.AZDPS.gov/Tops
FBI Crime statistics: NIBRS.FBI.gov

Dayv Morgan is a Maricopa Realtor and owner of HomeSmart Premier.

 

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