It is strongly recommended that you complete an Agent’s Visual Inspection Disclosure form on all one to four unit residential properties, whether you represent buyer or seller.  While this form is not legally required, all agents are required to conduct a diligent visual inspection of the reasonably accessible areas of the property and disclose the results of this inspection to the buyer.  The Agent’s Visual Inspection Disclosure form was designed specifically to assist the agent in meeting this obligation. It is not sufficient for an agent to sign off on the other agent’s disclosure without doing his own.  This form should be completed and delivered to the buyer at the outset of the transaction so the buyer has an opportunity to review this during buyer’s inspection contingency period.

It is very important that agents fill out this form properly.  In filling out the form you must go through the entire property, both inside and outside.  You are required to check out the reasonably accessible areas of the property.  You should go from room to room indicating on the form any items requiring disclosure.  If you see nothing of note in a particular room, it is recommended that you  write “nothing noted” on the appropriate line rather than leaving a blank line.  You should only write down what you see, not what you might believe to be the cause of any disclosure item.  For example, if you see a stain on the ceiling in the living room, you should state that rather than stating that there is a leak in the roof or what you believe the cause of that stain might be.  As a general rule, do not use adjectives to describe things.  If there are cracks in the driveway, the appropriate verbiage would be “cracks noted in driveway” rather than major cracks, minor cracks, settling cracks, etc.  It is beyond the agent’s expertise to identify the nature and extent of such cracks.

You should never use the words good, excellent or any other such descriptive terms on this form.  Stating that the house is in excellent condition or good condition can lead to liability in the event that it turns out there are issues with the property.  As indicated, a simple “nothing noted” is the appropriate language if you do not see any issues in a particular location of the property.

This form should NOT be used by the agent to indicate whether or not appliances are functional.  This is the job of the home inspector, not the agent.  In addition, this form should NOT be used to describe the type of materials used in the property.  You should not indicate that the floors are hard wood or that the windows are double pane, for example.

Please take the time necessary to do a professional job when filling out this form.  It is an important disclosure item and, if filled out properly, indicates that you did your due diligence in inspecting the property.

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