WHEN IN DOUBT DISCLOSE!

Transcription

1 RESIDENTIAL LEASE WNER ADVISRY Dage Documet 1 of 9 Updated: February 2018 WHEN IN DUBT DISCLSE! Residetial lease owers have certai obligatios pursuat to the Ladlord ad Teat Act ad other laws. There are also some very specific wer disclosures that you are required by statute to make. For example, wers are required to disclose iformatio o lead based pait i homes built prior to 1978 ad wers must provide a state approved Pool Safety Notice if the property icludes a pool or spa. If the teat asks you about a aspect of the property, you should disclose the iformatio, regardless of whether or ot you cosider the iformatio material. However, a wer does ot geerally have a legal obligatio to correct defects i the property, as log as the defect: (1) does ot reder the property uihabitable; (2) does ot pose a real or potetial threat to the teat s health or safety; ad (3) as log as the existig defects are disclosed. Ay correctio of the defects is a matter of cotract egotiatio betwee you ad the teat. The Arizoa Associatio of REALTRS Residetial Lease wer s Property Disclosure Statemet is desiged to assist you i makig these disclosures ad to avoid iadvertet odisclosures of material facts. You should complete this form by aswerig all questios as truthfully ad as thoroughly as possible. You may use the blak lies to explai ay aswers. If you do ot have the persoal kowledge to aswer a questio, it is importat ot to guess use the blak lies to explai the situatio. The form is divided ito five geeral sectios: (1) wership ad Property: This sectio asks for geeral iformatio about the property, such as locatio, owership ad occupacy. Ay wer, whether or ot that wer has actually lived i the property, should be able to aswer most, if ot all, of the questios i this sectio. (2) Buildig ad Safety Iformatio: This sectio asks for iformatio regardig the physical aspects of the property. You should disclose ay preset problems with the property. You are also asked specifically to disclose ay kowledge of scorpios or other possible pests have ever bee preset o the property. Although may wers will aswer affirmatively to these questios, full disclosure is the best way to avoid complaits. (3) Utilities: You are asked whether the property curretly receives the listed utilities, ad if so, to idetify the provider. The water source ad ay kow iformatio about drikig water problems should also be disclosed. (4) Evirometal Iformatio: A variety of evirometal iformatio is requested. I additio to questios regardig evirometal hazards, you are asked to disclose ay issues relatig to soil settlemet/expasio, draiage/grade, or erosio; oise from the surroudig area icludig airport ad traffic oise; ad ay odors or other uisaces. As a result of recet lawsuits ad potetial health cocers, you are asked specifically if you are aware of ay past or preset mold growth o the property. Mold spores are everywhere ad whe mold spores drop i places where there is water damage or excessive moisture, or where there has bee floodig, mold will grow. Thus, you are asked to disclose ay coditios coducive to mold growth, such as past or preset dampess/moisture, floodig, ad water damage or water leaks of ay kid. (5) Additioal Iformatio: These blak lies provide space for you to provide ay other importat iformatio cocerig the property. Please ote: By law, wers are ot obligated to disclose that the property is or has bee: (1) the site of a atural death, suicide, homicide, or ay other crime classified as a feloy; (2) owed or occupied by a perso exposed to HIV, or diagosed as havig AIDS or ay other disease ot kow to be trasmitted through commo occupacy of real estate; or (3) located i the viciity of a sex offeder. However, the law does ot protect a wer who makes a itetioal misrepresetatio. For example, if you are asked whether there has bee a death o the property ad you kow that there was such a death, you should ot aswer o or I do t kow ; istead you should either aswer truthfully or respod that you are ot legally required to aswer the questio. Residetial Lease wer Advisory February 2018 Copyright 2018 Arizoa Associatio of REALTRS. All rights reserved.

2 RESIDENTIAL LEASE WNER S PRPERTY DISCLSURE STATEMENT (To be completed by wer) Page 1 of 4 Documet Updated: February 2018 MESSAGE T THE WNER: The form is desiged to assist you i makig disclosures to the Teat. If you kow somethig importat about the Property that is ot addressed o the form, add that iformatio to the form. Prospective Teats may rely o the iformatio you provide. INSTRUCTINS: (1) Complete this form yourself. (2) Aswer all questios truthfully ad as fully as possible. (3) Attach all available supportig documetatio. (4) Use explaatio lies as ecessary. (5) If you do ot have the persoal kowledge to aswer a questio, use the explaatio lies to explai. By sigig below you ackowledge that the failure to disclose kow material iformatio about the Property may result i liability. MESSAGE T THE TENANT: There are likely facts about the Property that the wers do ot kow. Therefore, it is importat that you take a active role i obtaiig iformatio about the Property. For more iformatio o obtaiig this iformatio see the Buyer Advisory at INSTRUCTINS: (1) Review this form ad ay attachmets carefully. (2) Verify all importat iformatio. (3) Ask about ay icomplete or iadequate resposes. (4) Iquire about ay cocers ot addressed o the form. (5) Review all other applicable documets, such as CC&R s, ad associatio rules ad regulatios. (6) Coduct ispectios of the Property. (7) Ivestigate the surroudig area. THE FLLWING ARE REPRESENTATINS F THE WNER(S) AND ARE T VERIFIED BY THE BRKER(S) R AGENT(S) WNERSHIP AND PRPERTY As used herei, Property shall mea the real property ad all fixtures ad improvemets thereo ad appurteaces icidetal thereto, plus fixtures ad persoal property described i the Lease LEGAL WNER(S) F PRPERTY: PRPERTY ADDRESS: (STREET ADDRESS) (CITY) (STATE) (ZIP) Is the property located i a commuity defied by the fair housig laws as housig for older persos? Yes No Explai: Approximate year built:. If Property was built prior to 1978, wer must furish the Teat with a lead-based pait disclosure form. Are you curret o: Mortgage Yes No Property tax Yes No HA fees Yes No Are you aware if there are ay associatio(s) goverig this Property? If yes, provide cotact(s) iformatio: Name: Phoe #: Address: If yes, are there ay fees related to leasig the home? Explai Are you aware of ay public or private use paths or roadways o or across this Property? Explai: Are you aware of ay violatio(s) of ay of the followig? (If yes, check all that apply): Zoig Buildig Codes Utility Service Saitary health regulatios Coveats, Coditios, Restrictios (CC&R s) ther Are you aware of ay parkig restrictios? If yes, please explai: How may parkig spots are available for teats? Residetial Lease wer s Property Disclosure Statemet February 2018 Copyright 2018 Arizoa Associatio of Page 1 of 4

3 Page 2 of 4 Residetial Lease wer s Property Disclosure Statemet BUILDING AND SAFETY INFRMATIN STRUCTURAL: ARE YU AWARE F ANY PRESENT: Roof leaks/problems? Explai: Iterior wall/ceilig/door/widow/floor problems? Explai: Cracks or settlig ivolvig the foudatio, exterior walls or slab? Explai: Chimey or fireplace problems, if applicable? Explai: Damage to ay structure o the Property by ay of the followig? (Check all that apply): Flood Fire Wid Water Hail ther Explai: HEATING, CLING AND PLUMBING/SYSTEMS: Heatig: Type(s) Coolig: Type(s) Are you aware of ay preset problems with the heatig or coolig system(s)? Explai: Are there ay special istructios/filters/service requiremets? Explai: Are you aware of ay preset plumbig problems? Explai: Are you aware of ay preset water pressure problems? Explai: Type of water heater(s): Gas Electric Solar Approx. age(s) Are you aware of ay preset water heater problems? Explai: Is the etire Property coected to a sewer? (If yes, skip to lie 47) Is the Property served by a -Site Wastewater Treatmet Facility? (If o, skip to lie 47) If yes, the Facility is: Covetioal septic system Alterative system Type: If the Facility is a alterative system, is it curretly beig serviced uder a maiteace cotract? If yes, ame of cotractor: Phoe #: Does the Property cotai ay of the followig systems? ladscape waterig: If yes, type: auto timer maual both water treatmet: If yes, check all that apply: water filtratio reverse osmosis water softeer ther sump pump Are you aware of ay preset problems or special istructios with ay of the systems metioed above? Explai: SWIMMING PL/SPA/HT TUB/SAUNA/WATER FEATURE: Does the Property cotai ay of the followig? (Check all that apply): Swimmig pool Spa Hot tub Saua Water feature If yes, are either of the followig heated? Swimmig pool Spa If yes, type of heat: Would the swimmig pool comply with the applicable swimmig pool eclosure/barrier requiremets if childre reside i or regularly visit the Property? Note: wer must furish Teat with a Residetial Pool Safety Notice prepared by the Arizoa Departmet of Health Services. Are you aware of ay preset problems or special istructios relatig to the swimmig pool, spa, hot tub, saua or water feature? Explai: Residetial Lease wer s Property Disclosure Statemet February 2018 Copyright 2018 Arizoa Associatio of Page 2 of 4

4 Page 3 of 4 Residetial Lease wer s Property Disclosure Statemet ELECTRICAL SYSTEMS: Are you aware of ay preset problems with the electrical system? Does the Property cotai ay of the followig systems? (Check all that apply): Security system: Moitored Yes No ther Smoke/fire detectio Fire suppressio (spriklers) Carbo mooxide detector Alterate power systems: If yes, idicate type (Check all that apply): Solar Wid Geerator ther Are you aware of ay preset problems or special istructios with ay of the systems metioed above? Explai: MISCELLANEUS: Are you aware of or have you observed ay of the followig o the Property? (Check all that apply): Scorpios Rabid aimals Bees Rodets Reptiles Termites/ther wood destroyig orgaisms Bed Bugs ther: How ofte is the Property serviced or treated for pests, reptiles, isects or aimals? Name of service provider: Date of last service: Are there ay security bars or other obstructios to door or widow opeigs? Are you aware of ay preset problems with ay built-i appliaces? Are there ay leased propae taks, equipmet or other systems o the Property? Are you aware of ay problems or special istructios with ay of the items listed above? Explai: Has the Premises ever bee used as a drop house (i.e. used to facilitate the trasport of persos that are ot Uited States citizes, permaet residet alies or otherwise lawfully i this state, for profit or commercial purpose)? UTILITIES DES THE PRPERTY CURRENTLY RECEIVE THE FLLWING SERVICES? PRVIDER NAME Electricity: Fuel: Natural gas Propae il Cable: Telephoe: Garbage Collectio: Fire: Irrigatio: Water Source: Public Private water co. Private well Shared well Hauled water If source is public, private water compay, or hauled water: Are you aware of ay preset drikig water problems? Explai: TICE T TENANT: IF THE PRPERTY IS SERVED BY A WELL, PRIVATE WATER CMPANY R A MUNICIPAL WATER PRVIDER, THE ARIZNA DEPARTMENT F WATER RESURCES MAY T HAVE MADE A WATER SUPPLY DETERMINATIN. FR MRE INFRMATIN ABUT WATER SUPPLY, CNTACT THE WATER PRVIDER. ENVIRNMENTAL INFRMATIN Are you aware of ay past or preset issues or problems with ay of the followig o the Property? (Check all that apply): Soil settlemet/expasio Draiage/grade Erosio Fissures Dampess/moisture ther Are you aware of ay past or preset issues or problems i close proximity to the Property related to ay of the followig? (Check all that apply): Soil settlemet/expasio Draiage/grade Erosio Fissures ther TICE T TENANT: THE ARIZNA DEPARTMENT F REAL ESTATE PRVIDES EARTH FISSURE MAPS T ANY MEMBER F THE PUBLIC IN PRINTED R ELECTRNIC FRMAT UPN REQUEST AND N ITS WEBSITE AT Residetial Lease wer s Property Disclosure Statemet February 2018 Copyright 2018 Arizoa Associatio of Page 3 of 4

5 Page 4 of Residetial Lease wer s Property Disclosure Statemet Are you aware if the Property is located withi ay of the followig? (Check all that apply): Superfud/ WQARF/ CERCLA Wetlads area Are you aware if the Property is subject to ay preset or proposed effects of ay of the followig? (Check all that apply): Airport oise Traffic oise Rail lie oise Neighborhood oise Ladfill dors Nuisaces Toxic waste disposal Sad/gravel operatios ther: Are you aware if ay portio of the Property has ever bee used as a Cladestie drug laboratory (maufacture of, or storage of, chemicals or equipmet used i maufacturig methamphetamie, ecstasy or LSD)? Are you aware if the Property is located i the viciity of a airport (military, public, or private)? Are you aware of the presece of ay of the followig o the Property, past or preset? (Check all that apply): Asbestos Rado gas Lead-based pait Pesticides Udergroud storage taks Fuel/chemical storage Are you aware of ay ope mie shafts/tuels or abadoed wells o the Property? If yes, describe locatio: Are you aware if ay portio of the Property is i a flood plai/way. Are you aware of ay portio of the Property ever havig bee flooded? Are you aware of ay water damage or water leaks of ay kid o the Property? Are you aware of ay past or preset mold growth o the Property? Explai: ADDITINAL INFRMATIN Ay other compoets of property ot i workig order or ay additioal iformatio: WNER CERTIFICATIN: wer certifies that the iformatio cotaied herei is true ad complete to the best of wer s kowledge as of the date siged. wer agrees that ay material chages i the iformatio cotaied herei will be disclosed i writig by wer to Teat prior to occupacy, icludig ay iformatio that may be revealed by subsequet ispectios ^ WNER S SIGNATURE M/DA/YR ^ WNER S SIGNATURE M/DA/YR Reviewed ad updated: Iitials: / WNER WNER M/DA/YR TENANT S ACKWLEDGMENT: Teat ackowledges that the iformatio cotaied herei is based oly o the wer s actual kowledge ad is ot a warraty of ay kid. Teat ackowledges Teat s obligatio to ivestigate ay material (importat) facts i regard to the Property. TICE: Teat ackowledges that by law, wers, Lessors ad Brokers are ot obligated to disclose that the Property is or has bee: (1) the site of a atural death, suicide, homicide, or ay other crime classified as a feloy; (2) owed or occupied by a perso exposed to HIV, diagosed as havig AIDS or ay other disease ot kow to be trasmitted through commo occupacy of real estate; or (3) located i the viciity of a sex offeder. By sigig below, Teat ackowledges receipt oly of this form ^ TENANT S SIGNATURE M/DA/YR ^ TENANT S SIGNATURE M/DA/YR Residetial Lease wer s Property Disclosure Statemet February 2018 Copyright 2018 Arizoa Associatio of Page 4 of 4