This form is a Seller's Disclosure Statement for use in a residential sales transaction in Missouri. This disclosure statement concerns the condition of property and is completed by the Seller.
Missouri Residential Real Estate Sales Disclosure Statement
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California's Especially Stringent Disclosure Requirements Sellers must fill out and give the buyers a disclosure form listing a broad range of defects, such as a leaky roof, deaths that occurred within three years on the property, neighborhood nuisances such as a dog that barks every night, and more.
§ 339.730. 1. This states that an agent must disclose to any potential buyer "all adverse material facts actually known or that should have been known by" the agent. In other words, real estate agents cannot lie for you without risking their license.
If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.
Sellers should disclose anything that required a permit in their home. These are usually significant items that should be disclosed. Examples include the heating system, air conditioning, the roof, or anything related to the plumbing or electrical systems.
The public has demanded this increased level of information. But, there are 12 states that are still considered non-disclosure: Alaska, Idaho, Kansas, Louisiana, Mississippi, Missouri (some counties), Montana, New Mexico, North Dakota, Texas, Utah and Wyoming.
An exempt seller in the most common scenario is when a property is held in a trust and the trustee does not reside in the property. The seller is exempt from having to fill out the Transfer Disclosure Statement. In that rare case C.A.R. has created the form Exempt Seller disclosure.
Under California law, all material facts that affect the value or desirability of the property must be disclosed to the buyer. There is no specific definition or rule on what is considered to be a material fact.
A seller is supposed to be truthful when answering the disclosure statement for the buyer.And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.