Seller Property Questionnaire
Updated July 2011.
A while back I wrote an article on understanding the Transfer Disclosure Statement (TDS). This is a disclosure form that is required to be given the Buyer on residential purchases from 1 to 4 units. Today I am going to explain the supplement to the TDS, or the Seller Property Questionnaire (SPQ).
If I am representing a buyer, I will always ask on the Residential Purchase Agreement for the homeowner to provide the Seller Property Questionnaire as part of our agreement. Of course if the home is owned by the Bank or someone that has never lived in the property, the form does not serve any purpose. If representing a homeowner I also recommend they provide this important form.
As with the Transfer Disclosure Statement (TDS) these are known material or significant items affecting the value or desirability of the property. The form also goes a long way to eliminate misunderstandings of homes condition.
Again the Transfer Disclosure Statement language is mandated by California State Law. The Seller Property Questionnaire picks up and asks many questions that a homeowner may not remember, or forget to include on the Real Estate Transfer Disclosure Statement. This form is intended to give additional information that will help the buyer determine areas he or she may wish to investigate further. The form is optional unless asked for in the contract.
Here are some of the major items that are asked in the Seller Property Questionnaire - you can download the form below for a complete list of questions.
- Any repairs or alterations on the home?
- Any defects in structural, systems, and appliances?
- Any disaster relief, insurance, or settlements?
- Any water-related or mold issues?
- Any pets, animals, or pest issues?
- Any boundaries, access or property use by others?
- Any issues with landscaping, pool, and or spa?
- Any issues with common interest condominiums and developments?
- Any title, ownership, or legal claims?
- Any neighborhood issues?
- Any governmental issues?
- Any statutory issues?
- Any contractually related or required issues?
Two important questions on the Seller Property Questionnaire which are not on the Transfer Disclosure Statement but you may want the answer are:
- Any deaths on the premises within the last 3 years? – Page 3 – Line 35
- Any homeowners insurance claims within the last 5 years? – Page 4 – Line 41
So as you can see this form goes the extra mile for both the Seller and Buyer by providing them with a comprehensive questionnaire of important disclosures and known material items. Be sure to get one for your next transaction.
[...] While the TDS is a very useful disclosure document that should be reviewed in full, I will always ask the Seller to provide a Seller Property Questionnaire (SPQ). This document is not required by law but can be required by Contract. It is an excellent document that picks up and expands what the TDS offers. It is very complete and ask many questions of the Seller of non-disclosure items that are most common. I will be posting a full explanation of this the SPQ in a future post. [...]
[...] Seller will provide a Transfer Disclosure Statement and you can ask for the optional Seller Property Questionnaire. [...]
how can i get a copy of a prior tds and spq on a property that i know live in. who would have it. is it public record
thank you
Dear Darryl, The Real Estate Transfer Disclosure Statement and Seller Property Questionnaire are not pubic documents.
I would suggest you speak to the agent that representing you in your sale to see if they have a copy. You could also check with the listing agent that had the property listed for sale. If you are asking about a prior sale you would have to track down who the listing or selling agent was. Usually this agent information would be available in the Multiple Listing Service.
Department of Real Estate regulations require that these documents are kept at least 3 years. Hope that this helps and send me an e-mail if you need further information.
how can i get a copy of a prior tds and spq on a property that i know live in. who would have it. is it public record
thank you
Dear Darryl, The Real Estate Transfer Disclosure Statement and Seller Property Questionnaire are not pubic documents.
I would suggest you speak to the agent that representing you in your sale to see if they have a copy. You could also check with the listing agent that had the property listed for sale. If you are asking about a prior sale you would have to track down who the listing or selling agent was. Usually this agent information would be available in the Multiple Listing Service.
Department of Real Estate regulations require that these documents are kept at least 3 years. Hope that this helps and send me an e-mail if you need further information.
[...] you real estate offer requires a Seller Property Questionnaire (SPQ) one of the questions asks about homeowners claims within the last 5 years. Pay particular [...]
How are “known material or significant items” actually defined? If I own a condo and a neighbor next door tells me she saw a termite in her place, do I need to disclose that if I try to sell my place, even if I’ve never seen termites or damage in my place? I don’t see questions in any of the forms about that, and I know a termite inspection is usually conducted while in escrow anyway.
Thank you.
Does your neighbor know what a termite looks like? Usually when I have a Client ask me if they should disclose something, I tell them yes. In this case, however this sounds like what I call a speculative disclosure which you don’t know is factual. While I don’t think it would hurt to disclose on the Real Estate Transfer Disclosure Statement or Seller Property Questionnaire, I am not sure you would have a duty to do so. One termite would not be significant in most peoples minds, but you may get the one buyer that it would be.
Most of the times during the escrow the Bank will require a termite report and clearance, so you should have the answer when the report is done if it effects your unit. This of course would be a professional opinion. By the way termites are very common in San Diego and you will almost always have some issues during the sale. That is why I recommend a Seller gets a report done before going on the market, that way they will know if they have any serious issues before they agree to sell the home for a certain price.
In general many Sellers are afraid of disclosure, but if they disclose early on in the escrow, there are few things that a buyer can’t get over. Where buyers get concerned is something comes up near the closing which they would consider a non-disclosure of a material fact. In this instance lets say they run into your neighbor doing the walk-through and she makes it known of her “termite sighting”.
I hope this helps, if you have a more specific problem just send me an e-mail to jeff@realtyV2.com.
When selling a condo unit, the SPQ defines “the Property” at the beginning of the document – for example, 1234 Main St, Unit 307. The unit number is part of the definition. My question has to do with the SPQ question re death of an occupant of the Property, on the Property. What if I’m aware that someone died in ANOTHER unit in the building (no diseases or violence involved) – do I have to disclose that since it wasn’t in MY unit? Thx!
This would be a question to ask your REALTOR® since they would be familiar with the unit and details.
In general, you would not be obligated legally to disclose the death of an individual in an complex in another unit, particularly if the death were from natural causes. Where I would be more concerned would be a murder in an adjacent unit and while you would might not have a legal duty to disclose it would be prudent to do so.
Sellers are always worried about disclosing something that will sour a sale, and yet over disclosure is hardly ever a bad thing. The question to ask yourself is would this be information that you would like to know, because as soon as your buyer closes escrow and move in, likely your next door neighbor will gleefully deliver the news.
By being up front you normally will come out ahead, and the one buyer out of a hundred that would be discouraged by this disclosure would be better not purchasing your unit and trying to sue you after close of escrow.
Again, speak to your real estate agent about specifics and your individual situation. I hope this helps.