The Kansas residential real estate purchase agreement (“residential real estate sale contract”) outlines the property transferring ownership, the amount of money to be paid to the seller, the manner in which the buyer will produce the compensation, and all other details which clarify the rights and responsibilities of both parties.
Do Sellers in Kansas Have to Disclose Property Defects?
Kansas does require real estate sellers to disclose any material defects. Certain states do not require the seller to disclose all defects (caveat emptor), meaning the buyer assumes the responsibility to conduct a real property inspection to seek out any potential defects with the property. In those states, if a buyer fails to conduct a proper examination, they may not have a legal alternative to reverse the real estate transaction.
Required Seller Disclosures in Kansas
Along with any material defects with the property, sellers in Kansas will also need to provide the following:
- Seller’s Property Condition Disclosure Statement. In Kansas, a full Property Condition Disclosure is required and must contain the following information:
- The physical condition of the property
- Any material defects in the property
- Any material limitation in the seller’s ability to perform in accordance with the agreement
- Any material defects in the title to the property
- Any environmental hazards
- Lead-Based Paint Disclosure. Any home that was constructed earlier than 1978 must come with a disclosure upon the transfer of the property that includes any data concerning the presence of lead on the premises as well as educational materials that communicate the risks involved with coming into contact with the harmful substance.
- Convicted Persons Disclosure Statement. Kansas law mandates that this statement be attached to all purchase agreements prior to signing the contract.
- Radon Disclosure Statement. All sale contracts must include a statement referring to the dangers associated with radon gas.
- Special Assessment or Fee. If a special assessment or fee is applicable to the property being sold, the current owner/seller is liable to deliver a written disclosure stating the essential information regarding this fact.
