September 20, 2024
ASK A LAWYER

Ask a Lawyer: Advice on selling your own home

Q. I want to sell my house, but in this market I’m inclined to do it myself to avoid a realtor’s commission. I’m pretty sure I can handle the advertising and showing, but the paperwork when we actually transfer the property worries me. Any advice?

A. Actually, there is a step that comes before transfer that you need to think about first: disclosure. Maine’s Residential Property Disclosure Act requires sellers of residential real property to provide interested purchasers with a written disclosure statement identifying several specific aspects of the property being sold. In the standard case of a homeowner selling a home, such as you describe, you must provide the following information:

.Water supply system: the type of system used to supply water to the property, a description of any malfunctions, a copy of the most recent water test, a disclosure of problems you may have had in the past, and how they were addressed. If you have your own system, you must note where on the property it is located.

.Heating system-source: the type and age of the heating system, the name of the company that services the system, the date of the most recent service call, annual fuel consumption and any malfunctions within the past two years.

.Waste disposal system: the type of waste disposal system, date of most recent service, and any history of malfunctions. If not a part of a public system, you need to describe the type, size, age and location of the tank and leach field as well. If your property is close to a lake, stream or the ocean, these requirements are more specific.

.Hazardous materials: Their presence must be disclosed, such as asbestos, radon and underground storage tanks, whether they have been removed or are still present. For homes built before 1978, sellers must provide specific information describing the risks associated with lead-based paint.

.Known defects: All known defects must be disclosed. A known defect is defined as a “condition, known by the seller that has a significant adverse effect on the value of property, significantly impairs the health or safety of future occupants of the property or, if not repaired, removed or replaced, significantly shortens the expected normal life of the premises.”

Timeliness is important. If you have not provided the required disclosures before the buyer makes an offer and puts down a deposit, the buyer may withdraw the offer, requiring you to refund any deposit collected, up to 72 hours after receiving your disclosures, unless the realty transaction is already completed or the buyer has taken occupancy.

So you asked about passing papers without a realtor, and we haven’t even gotten to terms of a contract or preparing a deed. If you are like most people, selling (or buying) real estate will be the most complicated legal transaction of your life. For help with meeting your disclosure responsibilities or other aspects of your sale, you will find it beneficial to first consult with an experienced real estate attorney.

This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice. Questions are welcome. Just e-mail AAL@mainebar.org, describe your question and note you are a BDN reader. Written questions mailed to “Ask a Lawyer,” Bangor Daily News, P.O. Box 1329, Bangor, Maine, 04402-1329 will be forwarded to the LRIS.


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