Idaho Code 55-2508 – Disclosure Form
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The disclosures required by the provisions of this article pertaining to the property proposed to be transferred are set forth in and shall be made on a copy of the following disclosure form or an alternative form as provided in section 55-2506, Idaho Code:
SELLER PROPERTY DISCLOSURE FORM
SELLER’S NAME AND ADDRESS:
Section 55-2501, et seq., Idaho Code, requires Sellers of residential real property to complete a property condition disclosure form.
Terms Used In Idaho Code 55-2508
- Property: includes both real and personal property. See Idaho Code 73-114
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Residential real property: means real property that is improved by a building or other structure that has one (1) to four (4) dwelling units or an individually owned unit in a structure of any size. See Idaho Code 55-2503
- Seller: means the owner of residential real property as defined in this chapter. See Idaho Code 55-2503
PURPOSE OF STATEMENT: This is a statement of the conditions and information concerning the property known by the Seller. Unless otherwise advised, the Seller does not possess any expertise in construction, architectural, engineering or any other specific areas related to the construction or condition of the improvements on the property. Other than having lived at or owning the property, the Seller possesses no greater knowledge than that which could be obtained upon a careful inspection of the property by the potential buyer. Unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. It is not a warranty of any kind by the Seller or by any agent representing any Seller in this transaction. It is not a substitute for any inspections. Purchaser is encouraged to obtain his/her own professional inspections. Notwithstanding that transfer of newly constructed residential real property that previously has not been inhabited is exempt from disclosure pursuant to section 55-2505, Idaho Code, Sellers of such newly constructed residential real property shall disclose information regarding annexation and city services in the form as prescribed in questions 1., 2. and 3.
1. Is the property located in an area of city impact, adjacent or contiguous to a city limits, and thus legally subject to annexation by the city? …. Yes …. No
2. Does the property, if not within city limits, receive any city services, thus making it legally subject to annexation by the city? …. Yes …. No
3. Does the property have a written consent to annex recorded in the county recorder’s office, thus making it legally subject to annexation by the city? …. Yes …. No
4. All appliances and service systems included in the sale, (such as refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vacuum, microwave oven, trash compactor, smoke detectors, tv antenna/dish, fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.) are functioning properly except: (please list and explain)
.
.
5. Specify problems with the following:
Basement water
Foundation
Roof condition and age
Well (type) …………………. problem
Septic system (type) …………. problem
Plumbing
Drainage
Electrical
Heating
6. Describe any conditions that may affect your ability to clear title (such as encroachments, easements, zoning violations, lot line disputes, etc.):
.
7. Are you aware of any hazardous materials or pest infestations on the property?
8. Have any substantial additions or alterations been made without a building permit?
9. Any other problems, including legal, physical or other not listed above that you know concerning the property:
The Seller certifies that the information herein is true and correct to the best of Seller’s knowledge as of the date signed by the Seller. The Seller is familiar with the residential real property and each act performed in making a disclosure of an item of information is made and performed in good faith.
I/we acknowledge receipt of a copy of this statement.
Seller: Buyer:
…………………… …………………….
Date: ……………… Date: ……………….
…………………… …………………….
Date: ……………… Date: ……………….