In Kansas, real estate agents must disclose all known material facts, adverse conditions, and environmental hazards regarding new construction to buyers, even if the builder provides a warranty. Key requirements include disclosing structural, plumbing, or electrical defects, drainage issues, special assessments, and mandatory lead-based paint disclosures for homes built before 1978. [1, 2, 3, 4, 5]
Key Disclosures for New Construction in Kansas:
• Adverse Material Facts: Agents are required to disclose any known material defects, even if not fully completed, such as issues with the foundation, roof, or HVAC systems.
• Environmental Hazards: Knowledge of hazardous materials, radon gas, or other environmental issues affecting the property must be disclosed.
• Property Condition: Although new, any known issues, such as drainage problems or water in the crawl space/basement, must be disclosed.
• Special Assessments/Fees: Information on special taxes or assessments that may apply to the new development.
• Builder/Agent Relationship: If the agent has a financial interest in the building company or the transaction, this must be disclosed.
• Lead-Based Paint: A federal requirement for any residential structure built before 1978. [1, 3, 4, 5, 6, 7]
While sellers of new construction may sometimes claim exemptions from a standard residential seller's disclosure form, agents are still obligated to disclose any material defects they are aware of in the property. [4, 8]
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Henry McClure
785.383.9994
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785.383.9994
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time kills deals
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