TITLE 55

PROPERTY IN GENERAL

CHAPTER 25

PROPERTY CONDITION DISCLOSURE ACT

55-2508.  Disclosure form. 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.

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: ……………….

History:

[55-2508, added 1994, ch. 366, sec. 1, p. 1175; am. 2002, ch. 333, sec. 5, p. 945.]