Residential Property Disclosure and Disclaimer Statement

Residential Property Disclosure and Disclaimer Statement

Instructions to the Seller: Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer to any items requires explanation, explain on attached sheets, if necessary.

Notice to the Buyer: The following disclosures are made by the seller(s), concerning the condition of the property located at ("the property"), or as legally described on attached Exhibit A.

Disclosures contained in this form are provided by the seller on the basis of seller's actual knowledge of the property at the time this disclosure form is completed by the seller. The following are disclosures made by the seller and are not the representations of any real estate licensee or other party.

For a more comprehensive examination of the specific condition of this property you are advised to obtain and pay for the services of a qualified specialist to inspect the property on your behalf.

Seller(s): is is not currently occupying the property.

Seller has owned the property for years.

I. Seller’s Disclosures

1. Title

A. Do you have legal authority to sell the property? Yes No Unknown

B. Is title to the property subject to any of the following?

(1) First right of refusal Yes No Unknown

(2) Option Yes No Unknown

(3) Lease or Rental Agreement Yes No Unknown

(4) Life Estate Yes No Unknown

C. Are there any encroachments, boundary disputes, or boundary agreements? Yes No Unknown

D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property? Yes No Unknown

E. Are there any written agreements for joint maintenance of an easement or right of way? Yes No Unknown

F. Is there any study, survey project, or notice that would adversely affect the property? Yes No Unknown

G. Are there any pending or existing assessments against the property? Yes No Unknown

H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling? Yes No Unknown

I. Is there a boundary survey for the property? Yes No

J. Are the property’s boundaries marked? Yes No Unknown

K. Are there fences on the property? Yes No

L. Are any trees or other flora on the property diseased, dead or damaged? Yes No Unknown

M. Are there any covenants, conditions, or restrictions which affect the property? Yes No Unknown

N. Is the property accessed by public or private road? Public Private Unknown

If private, what yearly upkeep amount is paid by the property owner?

If private, explain road upkeep in detail:

2. Water

A. Household Water

(1) The source of the water is: Public Community Private Shared

(2) Water source information:

a. Are there any written agreements for shared water source? Yes No Unknown

b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? Yes No Unknown

c. Are any known problems or repairs needed? Yes No Unknown

d. Does the source provide an adequate year round supply of potable water? Yes No Unknown

e. Are there any water treatment systems (softener, purifier, etc.) for the property? Yes No Unknown

B. Irrigation

(1) Are there any water rights for the property? Yes No Unknown

(2) If they exist, have the water rights been used during the last five-year period? Yes No Unknown

(3) If so, is the certificate available? Yes No Unknown

C. Outdoor Sprinkler System

(1) Is there an outdoor sprinkler system for the property? Yes No Unknown

(2) Are there any defects in the outdoor sprinkler system? Yes No Unknown

3. Sewer/Septic System

A. The property is served by: Public Sewer Main Septic Tank System Other Disposal System

B. If served by a public or community sewer main, is the house connected to the main? Yes No Unknown

C. Is the property currently subject to a sewer capacity charge? Yes No Unknown

D. If connected to a septic system:

(1) Was a permit issued for its construction, and was it approved by the city or county following its construction? Yes No Unknown

(2) On what date was it last pumped?

(3) Are there any defects in the operation of the septic system? Yes No Unknown

(4) On what date was it last inspected? By whom:

(5) How many bedrooms was the system approved for?

E. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system? Yes No Unknown

F. Are you aware of any changes or repairs to the septic system? Yes No Unknown

G. Is the septic system, including drainage field, located entirely within the property’s boundaries? Yes No Unknown

4. Structural

A. How old is the current roof? Unknown

Roof is constructed of: Asphalt Shingle Wood Shingle Slate Metal Tile Asbestos Unknown

B. Has the roof leaked during your ownership? Yes No Unknown If yes, has it been repaired? Yes No

C. Has the house undergone any conversions, additions, or remodeling? Yes No Unknown

1. If yes, were all building permits obtained? Yes No Unknown

2. If yes, were all final inspections obtained? Yes No Unknown

Explain any conversions/additions/remodeling:

D. Do you know the age of the house? Yes No

E. Are you aware of:

(1) Any movement, shifting, deterioration or other problems with walls, foundation, crawl space or slab? Yes No

(2) Any cracks or flaws in the walls, ceilings, foundations, concrete slab, crawl space, basement, floors or garage? Yes No

(3) Any water leakage or dampness in the crawl space or basement? Yes No

(4) Any dry rot on the property? Yes No

(5) Any repairs or other attempts to control the cause or effect of any problem described above? Yes No

Explain any “Yes” answer(s) to 1-5 above:

F. If you know of any defect(s) regarding the following items, mark the defective item with a check:

1. Foundation 2. Deck 3. Exterior walls 4. Chimneys 5. Interior walls 6. Fire Alarm 7. Doors 8. Door locks 9. Patio 10. Ceilings 11. Slab Floors 12. Driveways 13. Attic Stairs 14. Windows 15. Window locks 16. Sidewalks 17. Outbuildings 18. Fireplaces 19. Garage Floors 20. Walkways 21. Balconies 22. Wood Stoves

If you checked any of the above items, explain the defect(s):

G. In the last 4 years, was a pest, dry rot, structural or "whole house" inspection done? Yes No Unknown

If yes, which test(s), when, and by whom was the inspection done?

H. Has the property had a problem with pest control, infestations, or vermin? Yes No Unknown

If yes, explain:

I. Are you aware of:

(1) Any termites, wood destroying insects or pests on or affecting the property? Yes No

(2) Property damage by termites, wood destroying insects or pests? Yes No

(3) Any termite/pest control treatments on the property in the last 4 years? Yes No

(4) Current warranty or other coverage by a licensed pest control company on the property? Yes No

J. Have you made a homeowner’s insurance claim(s) regarding the property in the last 4 years? Yes No

5. Systems and Fixtures

If the following systems or fixtures are included with the transfer, do they have any existing defects? Yes No Unknown

A. Electrical system, including wiring, all switches, all outlets, and service

B. Plumbing system, including pipes, faucets, fixtures, and toilets

C. Hot water heater Age:

D. Oven/stove Age:

E. List any other appliances to remain:

1. Age:

2. Age:

3. Age:

F. Cooling and Heating systems

Air Conditioning: Age: Zoned cooling? Yes No

Air Conditioning defects? No Unknown Yes

Heating system: Age: Zoned heating? Yes No

Heating system defects? No Unknown Yes

Last date of servicing: Heating Cooling By whom

Are there rooms without heating/air conditioning vents? Yes No

G. Security system (Circle One): Owned Leased Any defects? Yes No Unknown

Describe security system:

If defects are indicated, explain:

H. Other: Any defects? Yes No Unknown

If defects are indicated, explain:

6. Common Interest

A. Is there a Home Owners' Association? Yes No Unknown If yes, name:

B. Are there regular periodic assessments? Yes No Unknown

If yes, give amount per Month: $ Year: $ Other: $

If other, explain:

C. Are there any pending special assessments? Yes No Unknown

D. Are there any shared “common areas” or any joint maintenance agreements? Yes No Unknown

If any such areas exist, explain:

7. Appliances, Heating, Plumbing, Electrical and Other Mechanical Systems

Instructions: Mark INCL if the item is included in the sale. If item is included in sale, mark Yes or No to indicate whether item is in working order. Indicate approximate age if known.

Attic Fan Yes No

Air Conditioner (central) Age: Yes No

Air Conditioner (wall/window) Age: Yes No

Air Cleaner/Purifier Age: Yes No

Ceiling Fan(s) # included Yes No

Clothes Washer Age: Yes No

Dishwasher Age: Yes No

Dryer Age: Yes No

Furnace Age: Yes No

Refrigerator Age: Yes No

Water Heater Age: Yes No

Explanations: if any item above is NOT in working order, list the item and explain the defect in the space below.

8. General

A. Is there any settling, soil, standing water, or drainage problems on the property? Yes No Unknown

If yes, explain:

B. Does the property contain fill material? Yes No Unknown

C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? Yes No Unknown

If yes, explain:

D. Is the property in a designated flood plain? Yes No Unknown

E. Are there any substances, materials, or products that may be an environmental hazard? Yes No Unknown

If yes, explain:

F. Are there any tanks or underground storage tanks on the property? Yes No Unknown

If yes, explain, and give approx. position:

G. Has the property ever been used as an illegal drug-manufacturing site? Yes No Unknown

If yes, explain:

H. If the property contains a wood-burning stove or fireplace, when was/were the chimney(ies) last cleaned?

I. Are you aware of any of the following regarding the property?

Existing or threatened legal action Violation of any law or regulation General stains or pet stains to carpet or floor Transferable warranties Any locks without keys Unrecorded interests affecting the property Fire Damage at any time Appraiser or Mechanic’s Lien Landfills or underground problems

If any of the above are marked, explain:

J. If any tests to detect radon gas have been done on the property, provide documentation. If radon gas has been detected on the property, explain when, where, by whom, and all other details:

9. Full Disclosure by Sellers

A. Other conditions or defects: Does the Seller know of any other material defects affecting this property or its value that a prospective buyer should know about? Yes No

If yes, explain:

B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof.

II. Buyer’s Acknowledgment

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.

C. Buyer acknowledges receipt of a copy of this disclosure statement.

New Mexico Statutes: Section 47-13-4

Finding; disclosure of information required in certain real estate transactions.

The legislature finds that property tax levied on a residential property for the current year can be a misleading guide to property tax levies in the years following the sale of that property and that a prospective buyer needs information regarding the property tax obligation in the year following the property's sale to properly judge the affordability of a contemplated purchase.

Prior to accepting an offer to purchase, the property seller or the seller's broker shall request from the county assessor the estimated amount of property tax levy with respect to the property and shall specify the listed price as the value of the property to be used in the estimate.

A buyer's broker shall provide to the prospective buyer the county assessor's estimated amount of property tax levy immediately upon receiving it from the property seller or the seller's broker.

A prospective buyer may waive the disclosure requirements of this section by signing a written document prior to the time the offer to purchase is to be made.

Buyer’s Waiver of New Mexico Statute 47-13-4 Disclosure Requirement

With regard to the property identified as [address]:

Prior to the time an offer to purchase is to be made, the prospective Buyer [name]:

Prospective Buyer identified above, by signing this Waiver, acknowledges that the required “estimated amount of property tax levy” is not readily available and waives disclosure of the estimated amount of property tax levy.

(Prospective Seller should retain a signed copy of this form)