Authorized, zoning, or use compliance
Your purchaser wouldn’t need to inherit a lawsuit, so in case your property is concerned in litigation or in breach of zoning rules, you’ll must disclose the next:
- Unlawful or nonconforming use, reminiscent of renting your home in violation of native zoning ordinances or with out a enterprise license if required
- Current or threatened authorized motion towards your property
- Violations of native, state, or federal legal guidelines and rules
- Evaluation for property taxes as greenbelt or agricultural land
Roof
Consumers might imagine twice about buying a house requiring an enormous funding in a new roof or renegotiate the phrases of the sale. The disclosure type asks concerning the situation of your roof, together with:
- Previous and current leaks
- Defects reminiscent of structural points, dry rot, moisture, or ice harm
- Roof repairs or replacements
Utilities
Dropped telephone calls and gradual web connectivity is usually a actual headache, so sellers in Utah are required to notice any previous or current issues with utility companies and methods reminiscent of pure fuel, electrical energy, telephone, TV, and web.
Water provide
Secure consuming water is crucial to life, so that you’ll must reply questions on your own home’s culinary water provide along with secondary water that retains your garden inexperienced. Be ready to supply details about:
- Governmental entity or water firm that gives water service
- Issues with water provide, reminiscent of water high quality and insufficient or extreme water strain
- Nicely, spring, or different water supply on the property or shared with one other particular person or entity
Sewer/septic tank
Utah’s vendor disclosure type requires you to specify in case your property has a public sewer or septic/holding tank. Present particulars about issues reminiscent of damaged sewer traces, constantly gradual or clogged drains, in addition to repairs or alternative of the sewer lateral line or septic/holding tank. When you’ve got a septic/holding tank, you’ll must disclose what number of occasions it’s been inspected and/or pumped prior to now 5 years and who offered the service.
House methods
Defective heating and cooling methods make your own home an uncomfortable place to dwell, whereas faulty electrical parts current fireplace hazards. Utah sellers must disclose the next:
- Malfunctioning heating or air con gear and their parts
- Winterization of the evaporative cooling system
- Faulty electrical switches, retailers, or different elements of {the electrical} system
- Gear that isn’t owned by the vendor
Gear and home equipment
To keep away from surprises when the customer strikes in, reminiscent of a damaged fridge or funds due on financed home equipment, Utah sellers are required to reveal defects or issues with the next:
- Gear included with the sale, reminiscent of air air purifier, central vacuum, fireplace sprinkler system, storage door opener, safety system, smoke alarm, water heater, propane tanks, and many others.
- Home equipment together with dishwasher, disposal, freezer, fridge, washer, dryer, oven, vary, microwave, and trash compactor
- Points with fuel or wooden burning fire and potbelly, wooden, or pellet range
- Any gear or home equipment that aren’t owned by the vendor
Inside and exterior options
Be ready to explain your property’s situation each in and out. The vendor’s disclosure type inquires about issues with:
- Inside options reminiscent of ceiling followers, elevator, sauna, skylights, flooring, and different parts inside your own home
- Exterior options, together with fuel barbecue, heated driveway, sprinkler system, pool, scorching tub, and extra objects positioned outside
- Exterior surfaces, reminiscent of moisture harm behind stucco
Pests and dry rot
You’ll must make patrons conscious of uninvited critters dwelling in your house. In the event you promote a home in Utah, you’ll must disclose the next:
- Previous or current issues with termites, dry rot, rodents, and different pests in addition to harm they precipitated
- Written warranties or termite and pest management protection at the moment in place
Structural integrity and drawback soils
Basis and different structural points could possibly be a significant expense, so that you’ll must reveal any of those issues and repairs that had been accomplished:
- Settlement or heaving of soil, reminiscent of collapsible or expansive soils and poorly compacted fill
- Sliding or earth motion, together with landslides, falling rocks, particles, or mud flows
- Motion, shifting, deterioration, or different issues with partitions or basis
- Development supplies, concrete, footings, underground tanks, trash, and different subsurface particles that’s been buried or lined
Boundaries and easements
Consumers wouldn’t need to transfer into their new house and be pressured to tear down a wonderful deck as a result of it crossed over property traces into the neighbor’s yard. This part requires you to disclose the next:
- Fence, deck, or different enchancment that both extends onto an adjoining property or is positioned on adjoining land and encroaches in your premises
- Boundary disputes or conflicts
- Unrecorded easements affecting your property
Mildew and moisture
Regardless that Utah has a dry local weather, mould can develop indoors and be detrimental to well being, particularly for folks with respiratory diseases and allergic reactions. Moisture from leaks, flooding, and condensation can result in mould development. These mould and moisture points should be disclosed by Utah sellers:
- Mildew on partitions, ceilings, flooring, or different inside options, aside from an occasional buildup of mould and mildew within the toilet
- Inspection of property for mould and copies of stories
- Water leakage or accumulation and dampness within the basement and/or crawl house
- Harm attributable to flooding, lot drainage, moisture seepage or condensation, plumbing leaks, sewer overflow/backup, or leaking home equipment and different gear
- Restore or alternative of primary water line, together with who did the work and when it was carried out
- Wetlands positioned on the property and makes an attempt to mitigate wetlands points by way of the Military Corps of Engineers
- Location in a floodplain
- Standing water or flooding in any a part of the property
Hazardous supplies or circumstances
Sellers in Utah are required to report any hazardous supplies or circumstances that may affect the well being and security of people dwelling within the house. The disclosure type asks the vendor to reveal the presence of:
- Asbestos
- Lead-based paint
- Methane fuel
- Radon
- Radioactive or poisonous supplies
- Urea-formaldehyde foam insulation
- Buried storage tanks and contours
- Contamination from the use, storage, or manufacture of methamphetamines
House owner’s affiliation
Some patrons will not be fascinated by abiding by the principles of a condominium or home-owner’s affiliation (HOA) or paying their charges. You’ll must disclose whether or not your property is ruled by such a corporation in addition to the next:
- Cost quantity and frequency
- Included utilities and/or companies
- Dues or assessments for upkeep of frequent grounds
- Change of possession charges
- HOA contact info
- HOA involvement in litigation
Unpaid assessments
You possibly can’t anticipate patrons to pay money owed you owe, so that you’re required to reveal HOA, municipal, particular enchancment district, public infrastructure district (PID), and different assessments which are unpaid, pending approval, or haven’t but been billed.
Insurance coverage claims
Simply since you filed an insurance coverage declare years in the past when a small fireplace broken your kitchen doesn’t imply which you could withhold this info. Sellers in Utah should disclose insurance coverage claims for loss or harm to the house in addition to claims filed by the HOA.
Vitality effectivity, photo voltaic panels, and alternate energy methods
Consumers might be thrilled to study energy-saving enhancements that scale back utility payments, so you’ll want to state should you’ve added insulation, sealed air leaks, and put in environment friendly lighting, home windows, or heating and cooling methods.
In the event you’ve determined to go inexperienced by putting in photo voltaic panels or your own home has different sources of energy, you’ll must disclose particulars reminiscent of:
- Kind of energy system reminiscent of photo voltaic, wind, or generator
- Issues with these methods and/or parts
- Is gear owned, leased, financed, or topic to an influence buy settlement
- Contact info for photo voltaic firm or alternate energy system supplier
What disclosure exceptions are allowed in Utah?
Utah doesn’t enable any disclosure exemptions, so you might be nonetheless required to finish the vendor disclosure type regardless that you will have inherited the property and by no means lived there.
In case you are conscious of something concerning the property’s situation that would have an effect on a purchaser’s resolution to buy the house, it is best to do your greatest to fill out the disclosure assertion. Though it’s possible you’ll dwell in one other metropolis, you may need talked to the home-owner about varied issues or seen points throughout a go to. For questions which you could’t reply, simply write that you just don’t know.
Though it’s impossible, should you haven’t lived within the house and know nothing about its situation, you possibly can amend the REPC and take away part 7(a) requiring a vendor’s disclosure. Count on the customer to conduct a complete inspection on this case.
To overview Utah’s disclosure guidelines and paperwork, go to the Utah Affiliation of Realtors web site.
Q&A: Extra skilled recommendations on disclosures in Utah
What can I omit of my Utah vendor’s disclosure?
Though Utah requires sellers to reveal something they know concerning the property, there are a number of exceptions, reminiscent of a loss of life in the home. Carson recollects a purchaser who was beneath contract and came upon a couple of ugly homicide in the home from speaking with neighbors. The customer didn’t again out, however transformed the home, which lightened the neighborhood’s emotions concerning the property.
With a lot info at your fingertips by doing a Google search on the web, patrons may ask about particulars that you just should not have to reveal. Then, it’s greatest to both be candid or state that you just want to not reply.
