Seller won't disclose Seller Property Disclosure Statement.We are in the process of buying a house but the

Sylvia & Perry
Home Buyer
Sierra Vista, AZ

Seller is not cooperative at all. The house is being sold as is and we agreed to that. But now the seller won't even disclose the Seller Property Disclosure Statement. The house also uses propane for heating and cooling. The tank is empty right now and the seller refuses to fill up the tank for the inspection. Should this be a read flag for us. BTW our real estate agent is great. He is arranging all the inspection for us and even offered to bring his own propane tank for the inspection.

Answers (5)
Steve Belt
Agent
Scottsdale, AZ

If you really want the SPDS, and a cure notice doesn't get you one, then cancel the contract. The next day, write a new contract for 2% lower in asking price, waiving the need for the SPDS from the contract. 2% just might be enough to motivate the seller to complete it. This new offer clearly establishes how much you think a completed SPDS is worth to you. Of course, modify that 2% by whatever you really do think it's worth. This new lower offer just might motivate the seller to complete the SPDS...or they agree to the lower price.

Web Reference: http://www.teambelt.com
Thu May 15 2008, 23:41
Vanessa Riffelm...
Agent
01450

I would be a bit apprehensive if the listing is owned by a person (as opposed to a Bank or Mortgage Co.). Your agent sounds like they are doing a great job! Generally though, Sellers aren't required by law to complete the Statement of Property Condition - - however my office requires them as policy when we take a listing. I always like to go with my gutt instinct on things. If you feel like it is a red flag, then maybe it is a red flag. Obviously you anticipate having to make some repairs since you have accepted the "as is " clause. (disclaimer - - I am not an attorney!) However, if you have the money to buy the property and make the repairs that you see and know about, it might be well worth turning on the utilities and having a home inpsection. Recently an investor client of mine refused inspections, after being asked repeatedly if he was going to have them. He regrets not having done an inspection on one of the properties he purchased, and has learned from that. The inspectors can save you far more money then they will cost you - - if you end up buying a lemon then you have only lost out on the cost of the inspection. Good luck

Web Reference: http://www.vanessar.net
Thu May 15 2008, 13:19
Brad Bergamini
Agent
86301

. Trust your Agent. That is what he/she gets paid for. Mention to the seller, that the “Seller Property Disclosure Statement” lessens the Sellers liability after the sale.

In Arizona there is no law requiring Seller disclosures, but your contract does require, unless taken out. So if you wanted to be a pain you could send a Cure notice, that is if you want out of the contract. If not, then do the inspections and go on with the deal. Your choice.
Best of luck..

Web Reference: http://bradbergamini.com
Thu May 15 2008, 12:41
Jonathan Dalton
Agent
Glendale, AZ

Since your real estate agent is great, Sylvia, why are you asking for advice here instead of asking your agent how to proceed? Not doubting your agent but it doesn't seem to make sense to second guess him.

Thu May 15 2008, 08:11
Holly Grigaitis...
Broker
Cottonwood, AZ
FIRST ANSWER

Not a red flag, but a yellow caution light. Sellers are not required by law to give you a disclosure statement in AZ, however, they can be obligated by your contract. A home purchased in foreclosure or an estate will also not have the benefit of a seller disclosure, lots of purchases close without them.... Get inspections and ask your agent for a blank copy of the disclosure statement, so you can review what information you SHOULD have from the seller in a perfect world. Again, in most instances, the seller is required to have all utilities "ON" for your inspections....but sometimes the seller and/or their agent weren't fully aware of their obligations prior to reading the contract. They didn't read the fine print. Sounds like your agent knows how to handle sellers such as this..... Hook up the little tank and test everything. The seller may be stretched, and most propane companies have a minimum amount they must sell before they deliver...it may be a matter of funds to order the gas, and not that he or she is attempting to hide something. Since the seller still owns the gas in the tank, many times the cost of the gas is credited back to the seller when the buyer transfers the account...the gas is personal property.....No red lights, just proceed with caution ...it sounds like your agent is well versed in how to handle situations such as this. Good luck and enjoy your new home!

Thu May 15 2008, 05:41

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