SEC. 89-1-509. Form of seller's disclosure statement.
The disclosures required by this act pertaining to the property proposed
to be transferred are set forth in, and shall be made on a copy of, the
following disclosure form:
"SELLER'S DISCLOSURE STATEMENT
The following is a Disclosure Statement, made by the Seller, concerning
the condition of the property located at: __________________. This
Disclosure
is not a warranty of any kind by the Seller or any Agent of the Seller
in
this transaction and is not a substitute for any inspections or warranties
the Purchaser may wish to obtain. This statement may be made available
to
other parties and is to be attached to the Listing Agreements (signed
by
Owner).
TO THE SELLER: Please complete the following form, including any past
history of problems if known. If the condition or question does not
apply
to your property, mark "N/A." DO NOT LEAVE ANY BLANK SPACES. Attach
additio nal wish to
pages if necessary.
APPLIANCES/SYSTEMS
ITEM YES NO GAS/ELEC APPROX AGE REPAIRS LAST 2 YRS
Single Oven )______ ______ __________ _____________ __________________
Double Oven )______ ______ __________ _____________ __________________
Cook Top )______ ______ __________ _____________ __________________
Microwave )______ ______ __________ _____________ __________________
Dishwasher )______ ______ __________ _____________ __________________
Disposal )______ ______ __________ _____________ __________________
Trash Compactor )______ ______ __________ _____________ __________________
Ice Maker )______ ______ __________ _____________ __________________
Hot Water Htrs )______ ______ __________ _____________ __________________
Refrigerator )______ ______ __________ _____________ __________________
Washer/Dryer )______ ______ __________ _____________ __________________
Central Air )______ ______ __________ _____________ __________________
Central Heat )______ ______ __________ _____________ __________________
Fireplace )______ ______ __________ _____________ __________________
Chimney )______ ______ __________ _____________ __________________
Other )______ ______ __________ _____________ __________________
Other )______ ______ __________ _____________ __________________
POOL AND POOL EQUIPMENT (Gunite or Vinyl Liner) ____________________________
BURGLAR ALARM YES ____ NO ____ FEE $________________
APPROXIMATE AGE OF HOUSE: ______ HOMEOWNER'S ASSOCIATION FEE $____
IF CONDO, MAINTENANCE FEE: $______ PER _____________________________________
TOTAL TAXES: $____________ HOMESTEAD FILED FOR 19__
AVERAGE ELECTRIC BILL (12 Months) $____________
AVERAGE GAS BILL (12 Months) $____________
Is there anything normally considered a part of the real estate that
you
do not plan to leave with the property? (i.e., chandeliers, ceiling
fans,
bathroom mirrors, etc.)_____________________________________________________
Are there any needed repairs of which you are aware? ____________________
_____________________________________________________________________
Are you aware of any problems which may exist on the property by virtue
of prior uses such as, but not limited to, hazardous or toxic waste,
asbestos
components, lead-based paint, urea- formaldehyde insulation, radon
gas,
naturally occurring radiation or any past industrial uses of the premises?
YES ____ NO ____
What is the approximate Square Footage of the Heated and Cooled Living
Area in House? _____________________________________________________________
Where did you get this figure? __________________________________________
Are there any wood floors under any carpets? YES ____ NO ____
Has property previously flooded? YES ____ NO ____ Is Flood Insurance
required? YES ____ NO ____
Are you aware of any foundation repairs made in the past? YES ____ NO
___
If yes, when were they made and who was the contractor? ____________________
ROOF: AGE: ____ Are there any leaks? YES ____ NO ____
Repairs? ____________________________________________________________
History of infestation, if any: (termites, carpenter ants, etc.): _______
______________________________________________________________________
Any treatments for infestation? YES ____ NO ____ Any repaired
damage? YES ____ NO ____
Are there any rights of way, easements, or similar matters that may
affect
your interest in the property?
YES ____ NO ____ UNKNOWN ____
Has there been major damage to the property or any of the structures
from
fire, wind, floods or any other disaster?
YES ____ NO ____ Please describe: _______________________________________
______________________________________________________________________
Please state any other facts, information or problems (i.e., heating,
cooling, electrical, plumbing, mechanical) relating to this property
that
would be of concern to a buyer: ____________________________________________
______________________________________________________________________
To the extent of the Seller's knowledge as a property owner, the Seller
acknowledges that the information contained above is true and accurate
for
those areas of the property listed. Owner agrees to save and hold Broker
harmless from all claims, disputes, litigations, and/or judgments arising
from any incorrect information supplied by Owner, or from any material
fact
known by Owner which Owner fails to disclose, except that Broker is
not held
harmless to Owner in claims, disputes, litigations or judgments, arising
from
conditions of which Broker had actual knowledge. It is acknowledged
and
understood by the Owner that this information may be made available
to other
parties.
________________________________ _______________________________________
SELLER DATE SELLER DATE"
1997 Amendment:
SECTION 2. Section 89-1-509, Mississippi Code of 1972, is amended as follows:
89-1-509. The disclosures required by this act pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy of, the following disclosure form:
"SELLER'S DISCLOSURE STATEMENT
The following is a Disclosure Statement, made by the Seller, concerning the condition of the property located at: ___________ _____________________________________. This Disclosure is not a warranty of any kind by the Seller or any Agent of the Seller in this transaction and is not a substitute for any inspections or warranties the Purchaser may wish to obtain. This statement may be made available to other parties and is to be attached to the Listing Agreements (signed by Owner).
TO THE SELLER: Please complete the following form, including any past history of problems if known. If the condition or question does not apply to your property, mark "N/A." DO NOT LEAVE ANY BLANK SPACES. Attach additional pages if necessary.
APPLIANCES/SYSTEMS
ITEM YES NO GAS/ELEC APPROX AGE REPAIRS LAST 2 YRS
Single Oven ___ ___ ________ __________ __________________
Double Oven ___ ___ ________ __________ __________________
Cook Top ___ ___ ________ __________ __________________
Microwave ___ ___ ________ __________ __________________
Dishwasher ___ ___ ________ __________ __________________
Disposal ___ ___ ________ __________ __________________
Trash Compactor___ ___ ________ __________ __________________
Ice Maker ___ ___ ________ __________ __________________
Hot Water Htrs ___ ___ ________ __________ __________________
Refrigerator ___ ___ ________ __________ __________________
Washer/Dryer ___ ___ ________ __________ __________________
Central Air ___ ___ ________ __________ __________________
Central Heat ___ ___ ________ __________ __________________
Fireplace ___ ___ ________ __________ __________________
Chimney ___ ___ ________ __________ __________________
Septic/Treat-
ment plant ___ ___ ________ __________ __________________
Other ___ ___ ________ __________ __________________
POOL AND POOL EQUIPMENT (Gunite or Vinyl Liner) _________________
BURGLAR ALARM YES ___ NO ___ FEE $_____________________
APPROXIMATE AGE OF HOUSE:_____ HOMEOWNER'S ASSOCIATION FEE $_____
IF CONDO, MAINTENANCE FEE: $_____ PER _________________________
TOTAL TAXES: $_____________ HOMESTEAD FILED FOR 19___
AVERAGE ELECTRIC BILL (12 Months) $_______________
AVERAGE GAS BILL (12 Months) $_______________
Is there anything normally considered a part of the real estate that you do not plan to leave with the property? (i.e., chandeliers, ceiling fans, bathroom mirrors, etc.) _______________
Are there any needed repairs of which you are aware? ________ __________________________________________________________________
Are you aware of any problems which may exist on the property by virtue of prior uses such as, but not limited to, hazardous or toxic waste, asbestos components, lead-based paint, urea-formaldehyde insulation, radon gas, underground tanks, naturally occurring radiation or any past industrial uses of the premises? YES _____ NO _____
What is the approximate Square Footage of the Heated and Cooled Living Area in House? ____________________________________
Where did you get this figure? _____________________________
Are there any finished wood floors under any carpets? YES _____ NO _____
Has property previously flooded? YES _____ NO _____ Is Flood Insurance required? YES _____ NO _____
Are you aware of any foundation repairs made in the past? YES _____ NO _____ If yes, when were they made and who was the contractor? _____________________________________________________
ROOF: AGE: _____ Are there any leaks? YES _____ NO _____ Repairs? ________________________________________________________
History of infestation, if any: (termites, carpenter ants, etc.): __________________________________________________________
Is structure under termite contract? YES ____ NO ____ If yes, who is contractor?___________________________________________
Any treatments for infestation? YES _____ NO _____ Any repaired damage? YES _____ NO _____
Are there any rights of way, easements, or similar matters that may affect your interest in the property? YES _____ NO _____ UNKNOWN _____
Has there been major damage to the property or any of the structures from fire, wind, floods or any other disaster?
YES _____ NO _____ Please describe: _____________________ _______________________________________________________________
Please state any other facts, information or problems (i.e., heating, cooling, electrical, plumbing, mechanical) relating to this property that would be of concern to a buyer: ____________ ________________________________________________________________
To the extent of the Seller's knowledge as a property owner, the Seller acknowledges that the information contained above is true and accurate for those areas of the property listed. Owner agrees to save and hold Broker harmless from all claims, disputes, litigations, and/or judgments arising from any incorrect information supplied by Owner, or from any material fact known by Owner which Owner fails to disclose, except that Broker is not held harmless to Owner in claims, disputes, litigations or judgments, arising from conditions of which Broker had actual knowledge. It is acknowledged and understood by the Owner that this information may be made available to other parties.
______________________________ ______________________________
SELLER DATE SELLER DATE"
SOURCE: 1997 Laws, Chapter 456, Sec. 2, SB3029, Effective July 1, 1997.