Key Takeaways
- Kansas requires sellers of residential property to complete a Seller Property Disclosure Statement
- The disclosure covers known material defects and property condition issues
- Sellers must disclose known problems even if not specifically asked on the form
- Certain transactions are exempt including foreclosures, estate sales, and new construction
- Agents must disclose material facts they know even if the seller does not
Kansas Seller Property Disclosure
Kansas law requires sellers to disclose known material facts about residential property through the Seller Property Disclosure Statement.
When Disclosure is Required
The Seller Property Disclosure Statement is required for:
| Property Type | Required? |
|---|---|
| Single-family homes | Yes |
| Condominiums | Yes |
| Townhomes | Yes |
| Multi-family (4 or fewer units) | Yes |
| Commercial property | No |
| Vacant land | Limited |
What Must Be Disclosed
Property Condition Categories
| Category | Items |
|---|---|
| Structural | Foundation, roof, walls, floors |
| Systems | Plumbing, electrical, HVAC, water heater |
| Appliances | Built-in appliances, garage door openers |
| Environmental | Flooding, radon, asbestos, lead paint |
| Legal | Easements, encroachments, zoning violations |
| Other | Pest infestations, deaths, neighborhood issues |
Material Facts
Sellers must disclose all material facts they know about:
| Material Fact | Example |
|---|---|
| Structural defects | Cracked foundation |
| Water damage | Past flooding in basement |
| Roof problems | Known leaks |
| System failures | HVAC not working properly |
| Environmental hazards | Known radon levels |
| Legal issues | Pending code violations |
Key Point: Sellers must disclose known problems even if not specifically listed on the disclosure form.
Timing of Disclosure
| Event | Requirement |
|---|---|
| Before contract | Preferred - buyer reviews before making offer |
| At contract | Must be part of transaction documents |
| After contract | Buyer may have right to terminate |
Buyer's Rights
If seller provides incomplete or false disclosure:
| Situation | Buyer's Remedy |
|---|---|
| Before closing | May terminate contract |
| After closing | May sue for damages |
| Fraud discovered | May rescind transaction |
Exemptions from Disclosure
Certain transactions are exempt from seller disclosure:
| Exemption | Reason |
|---|---|
| Foreclosure sales | Lender has no knowledge |
| Estate/probate sales | Executor may not know property |
| Court-ordered sales | Divorce, bankruptcy, judgment |
| New construction | Builder provides warranties |
| Transfer to family | Gift, inheritance |
| First-time sale by builder | Builder warranty applies |
Warning: Even in exempt transactions, agents must still disclose known material defects.
Agent Disclosure Duties
What Agents Must Disclose
Kansas licensees must disclose material facts they know:
| Must Disclose | Examples |
|---|---|
| Property defects | Structural issues, water damage |
| Environmental hazards | Known contamination, flooding |
| Legal issues | Code violations, easement problems |
| Neighborhood issues | If known and material |
Agent vs. Seller Disclosure
| Agent | Seller |
|---|---|
| Must disclose known facts | Must complete Disclosure Statement |
| Cannot guarantee disclosure accuracy | Responsible for accuracy |
| No independent duty to investigate | No duty to discover unknown issues |
| Liable for personal misrepresentation | Liable for fraud or concealment |
Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Description |
|---|---|
| Disclosure form | Seller must complete lead disclosure |
| EPA pamphlet | "Protect Your Family From Lead" |
| 10-day inspection | Buyer has 10 days to test for lead |
| Records | Seller provides any lead test records |
Which of the following transactions is exempt from the Kansas Seller Property Disclosure requirement?
What must a Kansas seller disclose on the Seller Property Disclosure Statement?