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seller's description of property
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The
seller authorizes the brokers or salespersons to provide the
following information to prospective buyers. This information
is based upon the seller´s 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
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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 owners´ 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 month´s 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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The
following clauses are provided for descriptive purposes only. For
detailed information, consult the Department of Public Health, the
Department of Environmental Protection / Management, 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 Seller´s Description of Property.
Seller _____________________________________ Date
______________
Seller _____________________________________ Date
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Buyer/Prospective Buyer acknowledges receipt of Seller´s 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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