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. This information is for disclosure only and is not intended to be a part of any written agreement between the buyer and the seller.

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, for example, architects, engineers, land surveyors, plumbers, electricians, roofers, building inspectors, or pest and dry rot inspectors. The prospective buyer and the owner may wish to obtain professional advice or inspections of the property and to provide for appropriate provisions in a contract between them with respect to any advice, inspection, defects or warranties.

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

Seller has owned the property for years.

I. Seller’s Disclosures. If explanation is needed, use attached sheet if necessary. Approximations should be labeled as such.

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 Unknown

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

K. Are there fences on the property? Yes No Unknown

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, to your knowledge, 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 (circle one): Public Sewer Main Septic Tank System Other Disposal System

B. If the property is 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 the property is 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? years. 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. When describing repairs or control efforts, describe the location, extent, date, and name of person/company who did the work. Attach any reports and/or other documentation:

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

Foundation Deck Exterior walls Chimneys Interior walls Fire Alarm Doors Door locks Patio Ceilings Slab Floors Driveways Attic Stairs Windows Window locks Sidewalks Outbuildings Fireplaces Garage Floors Walkways Balconies 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? (Attach documentation)

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

If yes, explain when and why:

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 Yes No Unknown

If yes, explain:

What type of wiring comprises the electrical system? Copper Aluminum Unknown

B. Plumbing system, including pipes, faucets, fixtures, and toilets Yes No Unknown

If yes, explain:

C. Hot water heater Electric Natural Gas Other Age:

If yes, explain:

D. Oven/stove Electric Natural Gas Other Age:

If yes, explain:

E. List ANY OTHER APPLIANCES TO REMAIN, attach separate sheet if necessary.

1. Age: Yes No Unknown

If yes, explain:

2. Age:

If yes, explain:

3. Age:

If yes, explain:

F. Cooling and Heating systems

Air Conditioning (mark one): Central Electric Central Gas Heat Pump Window Unit(s)

Age of cooling system: Zoned cooling? Yes No

Air Conditioning defects? No Unknown Yes

Heating system (mark one): Electric Natural Gas Fuel Oil Heat Pump Propane

Age of heating system: 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:

H. Other: Any defects? Yes No Unknown

6. Common Interest

A. Is there a Home Owners' Association? Yes No Unknown

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 the item’s approximate age (in years) in the ‘age’ space, if provided-- if age is unknown, mark ‘?’ in space.

Item list

Attic Fan Air Conditioner (central) Air Conditioner (wall/window) Air Cleaner/Purifier Ceiling Fan(s) Clothes Washer Convection Oven Dishwasher Door Bells Drain Tile System Dryer Exhaust Fans (bathroom) Fireplace Fireplace Mechanisms Furnace Furnace Mechanisms Freezer Garbage Compactor Garbage Disposal Garage Door Opener (GDO) GDO Auto-reverse Safety Mechanism GDO Remote Opener(s) Gas Grill Gas Logs Heating System (central) Heating System (supplemental) Humidifier Incinerator Intercom Lawn Sprinkler System Lawn Sprinkler Auto-timer Lawn Sprinkler Backflow Valve Microwave Oven Plumbing Pool Pool Equipment/mechanisms Range/Oven Range Timer Range Vent-hood Refrigerator Security System Smoke Detectors (battery) Smoke Detectors (hardwired) Solar Collectors Sump Pump Toilet Mechanisms TV Antenna/receiver/dish TV Cable wiring Water Heater Window Treatments Whirlpool/Hot-tub Wood Burning Stove Yard Lights Other Other Other Other Other

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 such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks and contaminated soil or water on the subject property? Yes No Unknown

If yes, explain:

F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property? Yes No Unknown

If yes, explain, and give approx. position (attach map):

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. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.

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 (which term includes all persons signing the buyer's acknowledgement portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.

Disclosures contained in this form are provided by the seller on the basis of seller's actual knowledge of the property at the time of disclosure.

Buyer hereby acknowledges receipt of a copy of this real property transfer disclosure statement and acknowledges that the disclosures made herein are those of the seller only, and not of any real estate licensee or other party.