Should home buyers be required to provide a Disclosure similar to the Property Disclosure that is required of home sellers? This was a question posed by Jim Crawford, an Atlanta real estate agent in one of his blog posts. So far, the comments to that post have mostly been in support of the concept.
Currently home sellers are required to “tell all” about their homes – warts and all. Buyers have access to this information before they ever decide to write an offer on the home. Buyers can decide on their acceptance -or non acceptance – of those warts.
There is no such Disclosure required of home buyers. It’s not a level playing field, as Jim says. Should home buyers be required to provide home sellers with a Disclosure about the buyer’s warts BEFORE they decide to enter into a Purchase Contract with that buyer?
In real estate we use the term READY-WILLING-ABLE buyer. Should a Buyer Disclosure provide the seller with proof that the buyer truly is Ready-Willing-Able?
What might a Buyer Disclosure include?
- Readiness To Buy
- Information on whether they have a home to sell first; whether that home is in-contract; the closing/possession date of that home’s contract.
- If renting, information on lease commitments (month-to-month, 30- or 60-day notices, etc.).
- Information on whether buyer has committed to a specific lender and will or will not be exploring other lenders for a better deal. (sellers need to know whether it’s a reputable lender since this is so critical to the actual sale of the home)
- Ability To Buy
- Identification of the lender’s company that the buyer has committed to.
- Information on whether the buyer has provided all required papers to the lender (a yes/no answer).
- A Pre-Approval Letter that includes the maximum price the lender has approved the buyer to buy. (some buyers have been making offers on homes much higher priced than their approval and this causes later problems for all involved)
- Identification of any buyer-related contingencies to that Approval (i.e. getting funds for down payment).
- Information regarding the due dates the lender requires to execute a loan. (i.e. if a lender is taking 45 days to close, the buyer shouldn’t write an offer to close in 30-days)
- Willingness To Buy
- The number of any previous Purchase Contracts entered into by the buyer and general reason as to why those Contracts were not executed. (can indicate financing issues or buyer’s remorse)
- Identification of the intended inspections the buyer plans to have conducted and the name of the inspection company they plan to use. (will they use Uncle Charlie because he’s good at “fixing” things)
- Is the buyer aware that they are entering into a legally binding Contract with potential penalties for non-performance?
- Awareness of the Home Buying Process
- Is the buyer aware that they may be asked to forfeit their earnest money to cover the costs the seller incurred as a result of entering into the Contract with the buyer?
- Is the buyer aware that there are no perfect homes and that all homes require routine home maintenance?
- Why should the seller enter into a Contract with you? (an essay question)
One of the agents who responded to Jim’s post indicated he is already using a Buyer Disclosure. With Contracts falling out due to the buyer’s inability to secure financing or using a home inspection to get out of a Contract when they have “buyer’s remorse”, these Disclosures may become more customary to level the playing field between sellers and buyers.
Once burnt … twice shy
It may also become more customary for sellers to ask to have the earnest money paid to them if the deal falls apart, in order to cover the expenses they incur to store their furniture, make their own deposits on a new home or temporary housing, etc., plus, the lost opportunity they suffered by having their home off the market. In Jim’s post, I commented that having a seller keep the earnest money can be viewed as a “restocking fee” that some retailers charge when customer’s return merchandise. Adding this Term into the Contract places some risk on the buyer and might minimize the casualness that some buyers have when they enter into a Contract.
The majority of buyers take their home-buying very seriously. They’re excited about buying and thoroughly understand what is taking place. They do all their homework in advance of writing a Purchase Offer. It’s too bad that a few may be ruining it for the honest, truthful, serious READY-WILLING-ABLE buyers.
Copyright © 2009. Elaine Reese, Real Living HER. Reproduction of any portion of this blog post or the images is prohibited by the Digital Millennium Copyright Act. If this post is being viewed on any site other than www.ReesesPiecesOfRealEstate.com then the material has been stolen without permission. Violators will be reported.







Real estate agents often make fun of ourselves. We type goofy things in the descriptive copy of the MLS listing, although usually it made sense at the time. We take bad photos then use them to promote the home. Lots of these goofs fall in the category of “what were they thinking?”. Numerous agents have written posts that included some of these hilarious bad photos … like the bathroom photo of an agent taking a photo of themselves taking a photo in the bathroom mirror.

So let’s assume your price range is around $200,000. Right now, prices are depressed and interest rates are very low. Sellers are nervous and may be willing to negotiate to make sure they capture one of the few buyers that are shopping now.
Mom’s get in free when tickets are purchased for kids. We’re also doing “


Elaine Reese
614-825-8860Real Living HER


















Out with the old … in with the new
June 5, 2009 · 3 Comments
My real estate techie world is about to change … again. This industry has changed so much in the nearly 11 years I’ve been in this business. I’m in the process of implementing changes to better, more efficiently handle my day-to-day activities once again.
FAX MACHINE HAS DIED
CAN I CANCEL MY LAND LINE?
NOT HAPPY WITH VERIZON VOYAGER
A BLACKBERRY SOLVES MY DILEMMA
ARE YOU LIKELY TO CANCEL YOUR LAND LINE?
Copyright © 2009. Elaine Reese, Real Living HER. Reproduction of any portion of this blog post or the images is prohibited by the Digital Millennium Copyright Act. If this post is being viewed on any site other than www.ReesesPiecesOfRealEstate.com then the material has been stolen without permission. Violators will be reported.
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