Does the state REPC require the use of the UAR Sellers’s Property Condition Disclosure form, or could an alternate form be used?
No. The UAR Seller’s Property Condition Disclosure form is not required to be used with the UAR REPC. The UAR form is a great form to use, but not specifically noted in the state REPC. Therefore, the seller’s requirement to disclosure must just meet the requirements within the REPC as shown below. If a buyer wants to require the disclosure on the UAR form then it must be noted either in section 7. (i) Other or within an addendum in the offer. HOWEVER, as an agent you are only allowed to provide state approved forms, therefore if an alternate form is provided by the seller that is fine, but if the agent provides one it must be a state approved version.
(b) a Lead-Based Paint Disclosure & Acknowledgement for the Property, completed, signed and dated by Seller (only if the Property was built prior to 1978);
(c) a Commitment for Title Insurance as referenced in Section 6.1;
(d) a copy of any restrictive covenants (CC&R’s), rules and regulations affecting the Property;
(e) a copy of the most recent minutes, budget and financial statement for the homeowners’ association, if any;
(f) a copy of any long-term tenant lease or rental agreements affecting the Property not expiring prior to Closing;
(g) a copy of any short-term rental booking schedule (as of the Seller Disclosure Deadline) for guest use of the Property after Closing;
(i) evidence of any water rights and/or water shares referenced in Section 1.4;
(j) written notice of any claims and/or conditions known to Seller relating to environmental problems and building or zoning code violations;
(k) In general, the sale or other disposition of a U.S. real property interest by a foreign person is subject to income tax withholding under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). A “foreign person” includes a non-resident alien individual, foreign corporation, partnership, trust or estate. If FIRPTA applies to Seller, Seller is advised that Buyer or other qualified substitute may be legally required to withhold this tax at Closing. In order to avoid closing delays, if Seller is a foreign person under FIRPTA, Seller shall advise Buyer in writing; and
(l) Other (specify)
10.3 Condition of Property/Seller Acknowledgements. Seller acknowledges and agrees that in reference to the physical condition of the Property, Seller agrees to: (a) disclose in writing to Buyer defects in the Property known to Seller that materially affect the value of the Property that cannot be discovered by a reasonable inspection by an ordinary prudent Buyer; (b) carefully review, complete, and provide to Buyer a written Seller property condition disclosure as stated in Section 7(a); (c) deliver the Property to Buyer in substantially the same general condition as it was on the date of Acceptance, as defined in Section 23, ordinary wear and tear excepted; (d) deliver the Property to Buyer in broom-clean condition and free of debris and personal belongings; and (e) repair any Seller or tenant moving-related damage to the Property at Seller’s expense. The provisions of Section 10.3 shall survive Closing.