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Drec Property Disclosure Final Effective 12 1 13 Delaware Demand Assistance

hi everybody Dana sparks Broker of.maximum one Greater Atlanta Realtors and.today's contract tip has to do with a.home buyer getting their hazard.insurance and the seller's property.disclosure form so there are a lot of.issues regarding how a buyer should look.at the seller's property disclosure form.what is or is not on there what happens.if they say if a seller's property.disclosure form if the seller either.doesn't provide one or it's not attached.as part of the contract so this is a.huge topic and I will do some more.videos on this but for today's video I.specifically just want to talk about a.buyers purchasing of homeowners.insurance which is required if there is.a loan involved they absolutely must get.hazard insurance that covers the lender.well that covers the house so anyway I.just want to talk a little bit about.that and as a buyer's agent some things.that you need to help the buyer look at.in the seller's property disclosure form.and some ways that a buyer may protect.him or herself in order to purchase the.home so first thing to do is let's look.at the actual sellers disclosure form in.and of itself and I am going to address.both the disclosure form in the guard.George Association of Realtors contract.package as well as in the re forms.contract package so in the guard.contract package it is form F 301.seller's property disclosure statement.exhibit so it says exhibit so it should.be attached as part of the contract now.in paragraph 12 there is a section that.says litigation and insurance and it has.a through F that a seller should.disclose is there now or has there ever.been any litigation there in alleging.negligee.destruction or defective building.products has there been any award or.payment of money in lieu of repairs for.defective building products or poor.construction has any release been signed.regarding defective products or poor.construction that would limit a future.owner for making any claims during.sellers ownership has there been any.insurance claims for more than 10.percent of the value of the property is.the property subject to a threatened or.pending condemnation action and then f.this is the one I really want to focus.on for the purpose of this video how.many insurance claims have been filed.during a seller's ownership and there's.a fill-in-the-blank for a number now in.the re forms seller's property.disclosure form that is form re 130 and.it's a seller's property condition.disclosure statement and I do not see.anything specific on their two insurance.or insurance claims now let's go back to.the GAR form in the GAR form at the very.beginning of the form there is a section.for sellers and for buyers regarding.instructions how to complete the form.and in the very first paragraph in the.actual part where you're filling in the.property of your address it does state.for the seller.this statement is intended to make it.easier for the seller to fulfill the.sellers legal duty to disclose hidden.defects in the property of which the.seller is aware seller is obligated to.disclose such defects even when the.property's being sold as is and then it.goes on with instructions to the seller.how to actually complete the statement.now the next part well paragraph B is.how the statement should be used by the.buyer caveat emptor or buyer beware is.the law of Georgia buyers should conduct.a thorough inspection of the property if.a seller has not occupied the property.recently the seller solids of the.property condition may be limited buyer.is.affected to use reasonable care to.inspect the property and confirm that it.is suitable for buyers purposes if an.inspection of the property reveals a.problem or areas of concern that would.cause a reasonable buyer to investigate.further.the buyers should investigate further.excuse me.and yes or no answer to a question means.yes or no to the actual knowledge and.belief of the sellers property now in.the re forms sellers disclosure form the.instructions are very similar it says.the purpose of the statement and.disclaimer this is a statement by the.seller pertaining to certain conditions.and information concerning the property.known to the seller unless otherwise.indicated the seller does not possess.any expertise in construction.architecture engineering or any other.specific area related to the.construction or condition of the.improvements on the property or the land.also unless otherwise indicated the.seller has not conducted any inspection.generally inaccessible areas such as.underneath the floor or wall coverings.under the foundation or on the roof to.sellers property condition disclosure.statement is not a warranty of any kind.by the seller or by any agent.representing the seller it's not a.substitute for any inspections or tests.to be conducted by the buyer and it is.the buyers responsibility to obtain.independent professional inspection.surveys environmental tests public.records and other information available.pertaining to the property in no event.shall the parties hold the sellers.broker liable for representations not.directly made by the broker or brokers.agent.so those admonitions and those laws are.in effect regardless if there is a.seller's disclosure form that the seller.provides with the or not Georgia is a.caveat emptor state the burden is on the.buyer satisfied with the property before.they exchange money for the property.however that does not alleviate a seller.from disclosing a latent material defect.about.property that is a whole nother topic.that is very confirmed.challenging to prove because you have to.prove seller's knowledge of a material.defect that is hidden so there's a lot.of parts of that what is constant what.constitutes a material defect what how.do you prove seller's knowledge and is.it something that the buyer could have.had inspected so that's a whole other.extremely complicated issue but back to.the topic at hand.so the re-form sellers disclosure form.has no information in there nothing for.the seller to disclose if there are any.insurance claims or not this would be.something that as a buyer's agent you.should put into practice to have the.buyer check with their hazard insurance.the property there is a a report called.a clew report and what a clew report is.is and I'm not an insurance expert but.clue is an acronym and it's claims.information report that is generated by.LexisNexis a consumer reporting agency.the report generally contains up to.seven years of personal auto and.personal property claims history and why.this is important is if there is an.insurance company an insurance company.typically looks up this Clube report and.the insurer.may not insure their property or may.insure the property at a higher premium.price if there have been a certain.number of claims insurance claims.against the property so that is.definitely a discussion that a buyer.needs to have with the homeowners.insurance I do have a link here that.I'll link below from LexisNexis where a.consumer can get a copy of a clew report.on a house but as a.an agent working with the buyer you.definitely would want to have that buyer.have a conversation with their hazard.insurance and get that information again.prior to the end of their due diligence.period so they can determine if they.want to terminate the contract or.continue on with the contract knowing.what's going to happen now what happens.if the seller and if the seller does not.provide a seller's property disclosure.form then definitely that is going to be.a buyer responsibility to have that.information now what happens if a seller.does provide or if you're binding on a.gar contract and a seller does provide.the GA our sellers property disclosure.form on that section where it talks.about have there been in any insurance.claims if they put a number there or.don't put a number there and this buyer.doesn't check the clew report what.happens regarding termination write some.protection of earnest money well I'm not.an attorney but I am a broker so let's.say that there is a buyer who's under.contract they are a week or so outside.of closing there all of their.contingencies have expired their due.diligence contingency has expired they.find out from the insurance company that.they the insurance cut there has been.there have been claims against the.property that is requiring the insurance.company to charge a higher premium well.the first thing is the buyer could get.could shop around for a different hazard.insurance company and that might make a.difference but can the question is may a.buyer terminate a property based on this.fact and get their earnest money back.when the due diligence period hat is.over and again I'm not an attorney but.my broker perspective is it depends was.there a property disclosure statement.that is attached and referenced some.part of the contract.if there is again if it's in the re form.there's not a a section for a seller to.indicate that if it's in the gar form.there is that paragraph if the seller.could zero that there have been no.insurance claims against the property.then as a broker I would give the.barring anything else in the contract in.any amendments and so forth and so on.but just on its face value I would I.would give the buyer their earnest money.back if they chose to terminate because.the buyer did not have that because that.because that sellers disclosure form was.attached there was that section for the.seller to fill out the seller put zero.the buyer acted on that information.I think the buyer would get their.earnest money back if they terminated.based on that issue now if the seller.had that filled out and they had a.number in that fill-in-the-blank that.there had been insurance claims and at.that point if a buyer chose to terminate.because of the premium price for an.insurance company they would not get.their earnest money back because it was.the buyer that did not check out the.with the hazard insurance about the.premium price with that knowledge that.there had been insurance claims now.again there might be an attorney that.has a different legal perspective on.this I'm not an attorney but as a broker.just looking at the contracts and the.forms between the buyers and the sellers.that's what I have to go on but again.let's back up just a little bit.yes Georgia is a caveat emptor state and.this is a an issue that I am bringing up.to you as an agent to have this.discussion with your buyers this should.be something that a buyer checks out.regardless if there's a property.disclosure form attached or not attached.to a contract and as a buyer's agent as.a point of practice this might be.something to add into your discussion.with every single buyer you have is to.get with their hazard insurance.company early to find out I mean a buyer.should do that anyway how much is the.insurance can it cost on the property.now go we used to have a special.stipulation that they have taken out of.the the list of special stipulations.they used to have a special stipulation.that addressed this and the way the.special stipulation is worded the reason.they took it out is they took it out.once they put in buyers right to due.diligence because a buyer can terminate.for any or no reason if the contract is.subject to due diligence so let me read.you it used to be Garth special.stipulation 211 again you're not gonna.find this in the car.package anymore because they did take it.out but it does state buyers right to.terminate due to unsatisfactory clue or.other claims report notwithstanding any.other provision to this in this.agreement to the contrary buyer shall.have the right to terminate the.agreement upon written notice to the.seller within X number of days from.binding agreement date if an insurance.provider of the buyers choice determines.based on the property's clue.comprehensive loss underwriting exchange.report or any other report that one it.cannot ensure the property or to it is.unable to insure the property with.limitations which is unacceptable to the.buyer or three is able to provide.property insurance at a higher premium.than what the insurance provider would.normally price so I will put the verbage.of that former gar special stipulation.in below and again I'm not a hundred.percent sure but I think car did take.that out once they did add in the.provision for buyers to make a contract.subject to due diligence now at maximum.one we have the service recommendations.which is a forum for buyers and again I.strongly urge we don't have it as a.requirement but if you are working with.a buyer I strongly urge that you have.every buyer sign.and I will link that below to it is and.I have updated it recently to add in.this clip report and what it says the.service recommendations it's.professionally recommended that when.purchasing a home you should have it.inspected so forth and so on it goes on.with again suggestions or admonitions or.good ideas for a buyer to with they are.buying the house for their concerns but.then it has I choose to get a Georgia.Wood infestation clearance letter and.bond yes or no I choose to have the.property inspected by an independent.home inspector of my choice yes or no it.goes on with this whole list including.having mold inspections radon.inspections and getting a survey and.what I have just added so if you have an.older copy you might want to change it.but what I have just added is I choose.to verify hazard insurance availability.and premium price prior to the end of.the due diligence period anyway it has a.place there is an indemnification and.hold harmless agreement and it has a.place for the buyer to sign and date as.well as for the agents to sign and date.so again I think that well number one.prompt a conversation with the buyers.regarding those issues and you will have.an in writing that it is the buyers tour.if they choose to have those to address.those issues or not a lot here thank you.guys so much for watching.Dana sparks Broker of maximum one.Greater Atlanta Realtors satisfying your.needs with service innovation and.education.you.

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