Real estate disclosures are official documents designed to notify potential buyers of any problems with the property, but they aren’t required in all states. Alabama, for instance, does not require sellers to make disclosures, but this doesn’t mean you have to take risks. With the help of a real estate agent and attorney, you can access disclosures and feel confident in your purchase. 

Alabama Real Easter Disclosure Laws

Although many states require sellers to make disclosures to potential buyers before the transaction is complete, Alabama is a “caveat emptor,” or buyer beware, state. This means that it’s a homebuyer’s responsibility to research the condition of a property before they agree to purchase it. This is typically accomplished by arranging for an independent inspection.

There are three exceptions to the caveat emptor law in Alabama. Under the law, a seller must disclose relevant information to buyers if you ask a direct question about the condition of the property, or if the seller is aware of an issue that is a health or safety risk, such as mold.

Another exception is if your attorney has a fiduciary relationship with you. For example, if your attorney is aware of information about the property that could affect your purchase, then they must disclose that information. Even if they aren’t the seller, they still must act in your best interests. Federal law also requires sellers to disclose information to buyers about the presence, or possible presence, of lead paint in the property. 

What a Disclosure Report Contains

Although Alabama doesn’t require sellers to provide a disclosure report, most real estate agents will do so to protect the seller from risk. Sellers can be sued and have to pay damage if a buyer can prove that they knew about defects and didn’t disclose them. Therefore, real estate agents typically provide a disclosure form to buyers before they close on the property to reduce risk. 

A real estate disclosure will include information about the house’s condition and highlights any known defects or problems with the property, This includes mechanical systems, appliances, landscaping, environmental herds, and structural components, like the roof. The form is usually a checklist, but the seller has the option to provide details for individual sections as needed.

In some cases, the disclosures may detail other information about the property, such as crime history or issues with deeds or ownership. Review the disclosures with your attorney before closing on the property, so you know you’re making a good purchase. 

For help with complex real estate transactions, you need an expert attorney. With nearly 140 years of service to the area, the storied law firm of  Lewis, Brackin, Flowers & Johnson in Dothan, AL has the skills, expertise, and experience you need. Visit their website to learn more about their practice, or call (334) 792-5157 to schedule a consultation.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.