Realtor® Legal Tip – Does the Seller have to fill out the Seller Property Condition Disclosure (SPCD) form if he/she hasn’t lived in the property?
February 5, 2018
Author: Curtis Bullock
The short answer in 99% of the cases is – yes. The fact that the seller hasn’t lived in the property is irrelevant to whether or not the SPCD form should be filled out.
The more relevant question is – Does the Seller have knowledge regarding the property and it’s condition? If the seller has knowledge of any material fact that might influence the buyer’s purchasing decision, the seller is required by law to disclose that info (if the buyer couldn’t discover it by doing a simple inspection). So in most cases, the seller should fill out the SPCD Form to the best of his/her knowledge.
There are rare circumstances where the seller hasn’t lived in the property and at the same time has no knowledge about it’s condition. In those rare situations, the seller could amend the REPC and remove section 7(a) of the REPC that requires the Seller to provide the property disclosure. In those cases, the buyer will want to be sure to do a thorough property inspection.
*Note – there no longer is a Non-Occupant of Property Addendum to the REPC. That form was removed from the forms library because it was often used when it shouldn’t have been. In most cases, the SPCD form should be filled out by the seller.