A Washington D.C. residential real estate purchase agreement (“Contract for Sale and Purchase of Real Estate”) is a contract which commits a buyer to an offer to purchase real estate, according to specific terms agreed by the buyer and seller. Negotiated specifics include the purchase price, financing method, closing date, and more.
Do Sellers in Washington D.C. Have To Disclose Property Defects?
Washington D.C. does require real estate sellers to disclose any material defects with a property. In most cases, this is through a standardized disclosure form provided by statute.
The seller always has a duty to disclose all material defects covered by the statutory requirement, even when the buyer agrees to take the property “as-is.”
Washington D.C. exempts the following common transfers, among others, from the disclosure form requirement:
- Court-ordered sales and transfers
- Sales by foreclosure or other debt default
- Transfer as part of the execution of a will or estate
- Transfer to a purchaser who will not use the property for residential purposes
- Transfer to a spouse, parent, or child
- Transfers to or from a government entity
Required Seller Disclosures in Washington D.C.
Washington D.C. sellers of residential real estate must make the following disclosures, as appropriate, in order for a real estate purchase agreement to be considered legally binding:
- Real Property Seller’s Disclosure Statement: In Washington D.C., the requirements of this disclosure apply to the transfer or sale of real property consisting of at least 1 but not more than 4 dwelling units. This disclosure includes a description of the property’s features and their current or past conditions. Features covered include:
- Water and sewer systems
- Insulation
- Structural systems, including roof, walls, floors, foundation, and basement
- Plumbing, electrical, heating, and air conditioning systems
- History of infestation by rodents or wood-boring insects
- Appliances
- Alarm system and intercom system
- Garage door opener and remote control
- Fixtures
- Lead-Based Paint Disclosure: Any home constructed earlier than 1978 must come with a disclosure upon the transfer of the property which includes any information about the presence of lead on the premises, as well as educational materials that communicate the health risks associated with lead exposure.
Sources
- 1 D.C. Code § 42-1301(a)
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(1) The provisions of this chapter shall apply only to the transfer or sale of real estate located in the District of Columbia consisting of not less than one nor more than 4 residential dwelling units, whether by sale, exchange, installment land contract, lease with an option to purchase, or any other option to purchase.
(2) This chapter shall apply only where the purchaser expresses, in writing, an intent to reside in the property to be transferred.
Source Link - 2 D.C. Code § 42-1301(b)
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The provisions of this chapter shall not apply to any of the following:
(1) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a decree for specific performance;
(2) Transfers to a mortgagee by a mortgagor or successor in interest who is in default, or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default;
(3) Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any other instrument containing a power of sale, or transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure;
(4) Transfers by a nonoccupant fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;
(5) Transfers from one cotenant to one or more other co-tenants;
(6) Transfers made to the transferor’s spouse, domestic partner, parent, grandparent, child, grandchild or sibling or any combination of the foregoing;
(7) Transfers between spouses or domestic partners resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;
(8) Transfers or exchanges to or from any governmental entity; and
(9) Transfers made by a person of newly constructed residential property that has not been inhabited.
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