Fill and Sign the Residential Real Estate Sales Disclosure Statement District of Columbia Form

DISTRICT OF COLUMBIA SELLER'S DISCLOSURE STATEMENT As per 17 DCMR § 2708.13 Instructions to the Seller for Seller's Disclosure Statement: These Instructions are to assist the Seller in completing the required Seller's Disclosure Statement in order to comply with the District of Columbia Residential Real Property Seller Disclosure Act. 1. Who must complete the Seller's Disclosure Statement? The Seller, not the broker and not the management company, condominium association, cooperative association or homeowners association. 2. In what types of transactions must the Seller provide the Seller's Disclosure Statement to the Purchaser? The Act applies to the following types of transfers or sales of District of Columbia real estate: (a) Where the property consists of one to four residential dwelling units, and, (b) The transactions a sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase, and, (c) The purchaser expresses, in writing, an interest to reside in the property to be transferred. However, the Act does not apply to: (a) Court ordered transfers; (b) Transfers to a mortgagee by a mortgagor in default; (c) Transfers by sale under a power of sale in a deed of trust or mortgage or any foreclosure sale under a decree of foreclosure or deed in lieu of foreclosures; (d) Transfers by a non-occupant fiduciary administering a decedent's estate, guardianship, conservatorship or trust; (e) Transfers between co-tenants; (f) Transfers made to the transferor's spouse, parent, grandparent, child, grandchild or sibling(or any combination of the foregoing); Seller’s Disclosure Statement page 1 of 11 (g) Transfer between spouses under a divorce judgment incidental to such a judgment; (h) Transfers or exchanges to or from any governmental entity; and (i) Transfers made by a person of newly constructed residential property that has not been inhabited. 3. When does the Seller's Disclosure Statement have to be provided to the Purchaser? In a sale, before or at the time the prospective transferee executes a purchase agreement with the transferor. In an installment sales contract (where a binding purchase contract has not been executed), or in the case of a lease with an option to purchase, before or at the time the prospective transferee executes the installment sales contract or lease with the transferor. 4. What information must the Seller disclose? Answer ALL questions on the Seller's Disclosure Statement. If some items do not apply to your property, check "N/A" (not applicable). If you do not know the facts, check "UNKNOWN". Report actually known conditions referred to in the questions. Each disclosure must be made in "good faith" (honesty in fact in the making of the disclosure). Attach additional pages with your signature if additional space is required. The Seller of a condominium unit, cooperative unit, or a lot in a homeowners association, is to provide information only as to the Seller's unit or lot, and not as to any common elements, common areas or other areas outside of the unit or lot. 5. What is the remedy if the Seller does not provide the Seller's Disclosure Statement to the Transferee? If the Seller's Disclosure Statement is delivered after the purchaser executes the purchase agreement, installment sales contract or lease with an option to purchase, the purchaser may terminate the transaction by written notice to the seller not more than five (5) calendar days after receipt of the Seller's Disclosure Statement by the purchaser, and the deposit must be returned to the purchaser. The right to terminate is waived if not exercised before the earliest of: (a) The making of an application for a mortgage loan (if the lender discloses in writing that the right to rescind terminates on submission of the application); (b) Settlement or date of occupancy in the case of a sale; or (c) Occupancy in the case of a lease with an option to purchase. Seller’s Disclosure Statement page 2 of 11 6. If the Seller finds out different information after providing the Seller's Disclosure Statement to the Purchaser, how does this impact a ratified contract? If information becomes inaccurate after delivery of the disclosure form, the inaccuracy shall not be grounds for terminating the transaction. 7. How must a Seller deliver the Seller's Disclosure Statement to the Transferee? The Seller's Disclosure Statement must be delivered by personal delivery, facsimile delivery, or by registered mail to the transferee. Execution by the transferor of a facsimile is considered execution of the original. SELLER'S PROPERTY CONDITION STATEMENT For Washington, DC Property Address: ____________________________________________ Is the property included in a: Condominium association? ............................................................................ Yes No Cooperative? .................................................................................................. Yes No Homeowners association with mandatory participation and fee? .................. Yes No If this is a sale of a condominium unit or cooperative unit, or in a homeowners association, this disclosure form provides information only as to the unit (as defined in the governing documents of the association) or lot (as defined in the covenants applicable to the lot), and not as to any common elements, common areas or other areas outside of the unit or lot. Purpose of Statement: This Statement is a disclosure by the Seller of the defects or information actually known by the Seller concerning the property, in compliance with the District of Columbia Residential Real Property Seller Disclosure Act. Unless otherwise advised, the Seller does not possess an expertise in construction, architecture, engineering, or any other specific area related to the construction of the improvements on the property or the land. Also, unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. THIS STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT REPRESENTING THE SELLER IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE BUYER MAY WISH TO OBTAIN. Seller Disclosure: The Seller discloses the following information with the knowledge that, even though this is not a warranty, the Seller specifically makes the following statements based on the seller's actual knowledge at the signing of this document. Upon receiving this statement from the Seller, the Seller's agent is required to provide a copy to the Buyer or the agent of the Buyer. The Seller’s Disclosure Statement page 3 of 11 Seller authorizes its agent (s) to provide a copy of this statement to any prospective buyer or agent of such prospective buyer in connection with any actual or anticipated sale of property. The following are statements made solely by the Seller and are not the statements of the Seller's agent (s), if any. This information is a disclosure only and is not intended to be a part of any contract between Buyer and Seller. The seller(s) completing this disclosure have owned the property from ________ to ________. The seller(s) completing this disclosure have occupied the residence from ______ to ______. A. Structural Conditions 1. Roof Roof is a common element maintained by condominium or cooperative (no further roof disclosure required). Age of Roof 0-5 years 5-10 years 10-15 years 15+ years Unknown Does the seller have actual knowledge of any current leaks or evidence of moisture from roof? Yes No If yes, comments: _________________________________________________________ Does the seller have actual knowledge of any existing fire retardant treated plywood? Yes No If yes, comments: _________________________________________________________ 2. Fireplace/Chimney(s) Does the seller have actual knowledge of any defects in the working order of the fireplaces? Yes No NO fireplace(s) If yes, comments: _________________________________________________________ Does the seller know when the chimney(s) and/or flue were last inspected and/or serviced? Yes No NO chimneys or flues If yes, when were they last serviced or inspected? _____________________________________ _____________________________________________________________________________ Seller’s Disclosure Statement page 4 of 11 3. Basement Does the seller have actual knowledge of any current leaks or evidence of moisture in the basement? Yes No Not Applicable If yes, comments: _________________________________________________________ Does the seller have actual knowledge of any structural defects in the foundation? Yes No If yes, comments: _________________________________________________________ 4. Walls and Floors Does the seller have actual knowledge of any structural defects in walls or floors? Yes No If yes, comments: _________________________________________________________ 5. Insulation Does the seller have actual knowledge of presence of urea formaldehyde foam insulation? Yes No If yes, comments: _________________________________________________________ 6. Windows Does the seller have actual knowledge of any windows not in normal working order? Yes No If yes, comments: _________________________________________________________ B. Operating Condition of Property Systems 1. Heating System Heating system is a common element maintained by condominium or cooperative (no further disclosure on heating system required). Seller’s Disclosure Statement page 5 of 11 Type of system Forced Air Radiator Heat Pump Electric baseboard Other Heating Fuel Natural Gas Electric Oil Other Age of system 0-5 years 5-10 years 10-15 years Unknown Does the seller have actual knowledge that heat is not supplied to any finished rooms? Yes No If yes, comments: _________________________________________________________ Does the seller have actual knowledge of any defects in the heating system? Yes No If yes, comments: _________________________________________________________ Does the heating system include: Humidifier Yes No Unknown Electronic air filter Yes No Unknown If installed, does the seller have actual knowledge of any defects with the humidifier and electronic filter? Yes No Not Applicable If no, comments: _____________________________________________________________ 2. Air Conditioning System Air conditioning is a common element maintained by condominium or cooperative (no further disclosure on air conditioning system required). Type of system Central AC Heat Pump Window/wall units Other Not Applicable Air Conditioning Fuel Natural Gas Electric Oil Other Seller’s Disclosure Statement page 6 of 11 Age of system 0-5 years 5-10 years 10-15 years Unknown If central AC, does the seller have actual knowledge that cooling is not supplied to any finished rooms? Yes No If yes, comments: _________________________________________________________ Does the seller have actual knowledge of any problems or defects in the cooling system? Yes No Not Applicable If yes, comments: _____________________________________________________________ 3. Plumbing System Type of system Copper Galvanized Plastic Polybutelene Unknown Water Supply Public Welt Sewage Disposal Public Well Water Heater Fuel Natural Gas Electric Oil Other Does the seller have actual knowledge of any defects with the plumbing system? Yes No If yes, comments: _________________________________________________________ 4. Electrical System Does the seller have actual knowledge of any defects in the electrical system, including the electrical fuses, circuit breakers, outlets, or wiring? Yes No If yes, comments: _________________________________________________________ Seller’s Disclosure Statement page 7 of 11 C. Appliances and Fixtures Does the seller have actual knowledge of any defects with the following appliances? Range/Oven Yes No Not Applicable Dishwasher Yes No Not Applicable Refrigerator Yes No Not Applicable Range hood/fan Yes No Not Applicable Microwave oven Yes No Not Applicable Garbage Disposal Yes No Not Applicable Sump Pump Yes No Not Applicable Trash compactor Yes No Not Applicable TV antenna/controls Yes No Not Applicable Central vacuum Yes No Not Applicable Ceiling fan Yes No Not Applicable Attic fan Yes No Not Applicable Sauna/Hot tub Yes No Not Applicable Pool heater & equip. Yes No Not Applicable Security System Yes No Not Applicable Intercom System Yes No Not Applicable Garage door opener Yes No Not Applicable & remote controls Yes No Not Applicable Lawn sprinkler system Yes No Not Applicable Water treatment system Yes No Not Applicable Smoke Detectors Yes No Not Applicable Carbon Monoxide detectors Yes No Not Applicable Other Fixtures or Appliances Yes No Not Applicable If yes to any of the above, describe defects: __________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ D. Exterior/Environmental Issues 1. Exterior Drainage Does the seller have actual knowledge of any problem with drainage on the property? Yes No If yes, comments: _________________________________________________________ Seller’s Disclosure Statement page 8 of 11 2. Damage to Property Does the seller have actual knowledge whether the property has previously been damaged by: Fire Yes No Wind Yes No Flooding Yes No If yes, comments: _______________________________________________________________ ______________________________________________________________________________ 3. Wood destroying insects or rodents Does the seller have actual knowledge of any infestation or treatment for infestations? Yes No If yes, comments: _________________________________________________________ Does the seller have actual knowledge of any prior damage or repairs due to a previous infestation? Yes No If yes, comments: _________________________________________________________ 4. Does the seller have actual knowledge of any substances, materials or environmental hazards (including but not limited to asbestos, radon gas, lead based paint, underground storage tanks, formaldehyde, contaminated soil, or other contamination) on or affecting the property? Yes No If yes, comments: _________________________________________________________ 5. Does the seller have actual knowledge of any zoning violations, nonconforming uses, violation of building restrictions or setback requirements, or any recorded or unrecorded easement, except for utilities, on or affecting the property? Seller’s Disclosure Statement page 9 of 11 Yes No If yes, comments: _________________________________________________________ 6. Does the seller have actual knowledge that this property is a D.C. Landmark, included in a designated historic district or is designated a historic property? Yes No If yes, comments: _________________________________________________________ 7. Has the property been cited for a violation of any historic preservation law or regulation during your ownership? Yes No If yes, comments: _________________________________________________________ 8. Does the seller have actual knowledge if a facade easement or a conservation easement has been placed on the property? Yes No If yes, comments: _________________________________________________________ The seller(s) certifies that the information in this statement is true and correct to the best of their knowledge as known on the date of signature. _____________________________ _________________________ Seller Date _____________________________ _________________________ Seller Date Buyer(s) have read and acknowledge receipt of this statement and acknowledge that this statement is made based upon the seller's actual knowledge as of the above date. This disclosure is not a substitute for any inspections or warranties which the buyer(s) may wish to obtain. This disclosure is NOT a statement, representation, or warranty by any of the seller's agents or any sub-agents as to the presence or absence of any condition, defect or malfunction or as to the nature of any condition, defect or malfunction. _____________________________ _________________________ Buyer Date Seller’s Disclosure Statement page 10 of 11 _____________________________ _________________________ Buyer Date Seller’s Disclosure Statement page 11 of 11