Seller Title Disclosures Allow for Smooth Transactions

When preparing a home for market, a good agent's job is to anticipate issues that may hold getting your home closed on time once your Buyer is found. Here's a wonderful Seller Questionnaire that will help both your agent and title company anticipate any issues related to the title status of your property.

Listing Questionnaire Regarding Title Issues

Property: ______________________________

Date: _____________

Seller: _________________________________

The Seller is:
􀁆 property owner (LIST ALL OWNERS )
􀁆 personal representative for estate of deceased property owner
􀁆 guardian for property owner
􀁆 power-of-attorney for property owner

In order to avoid any surprises at closing, be prepared with the information the title company will need, and give ample time to resolve any potential concerns that are identified. Please respond YES, if you are aware of any of the following situations occurring, either in the past, at present, or expected in the future, with respect to the property you are selling.

1. Remodeling, construction work or repairs within the last 6 months? Any planned?

2. Unpaid homeowners or condominium association dues, fees or charges?

3. Remodeling or construction work without proper building permits?

4. Judgments in court or tax liens against the owner?

5. Disputes with neighbors about the location of the boundary lines?

6. Unpaid child support, income taxes property taxes?

7. Unrecorded contracts or persons claiming ownership rights or lien rights on the property?

8. Part of a building, garage, fence, driveway or landscaping on the neighbor’s property? (or vice versa)?

9. Environmental concerns e.g., underground fuel storage tanks, damaged asbestos, high radon levels, deteriorated lead-based paint?

10. Unpaid assessments for utility service or municipal improvements, e.g., sewer lateral, tree planting, sidewalk repairs, street work, etc.?

11. Violations of local zoning or building codes, for example, inadequate setbacks or lot size?

12. Violations of recorded covenants and restrictions, for example, fence in violation of architectural rules?

13. Any leases or rental agreements?

14. People or companies allowed to travel across or use your property without a recorded document?

15. Shared driveways, shared wells, or anything else shared with the neighbor?

16. Other persons in possession or occupying the property?

17. Questions or issues about your legal right to access the road?

18. Unrecorded deeds or land contracts?

19. Lawsuits involving the property (pending or threatened)?

20. Mineral rights reserved by someone on the property?

21. High voltage electric or high pressure gas lines nearby?

22. Persons claiming rights to occupy or live on the property?

23. Other violations of laws, regulations, ordinances or restrictions?

24. Basement rooms used as bedrooms not in compliance with building code?

25. Burial grounds on the property?

26. Missed mortgage payments or foreclosure or bankruptcy filings?

For each YES answer, please give the item number, provide a description and attach any pertinent agreements and documents.

If those involved already have an idea of the condition of the title, this will greatly speed up the title process which will get all to closing.

Thanks to Stephanie Holbrook, Title First