1. Property Disclosure Form. This form requires you to reveal all known defects to your property. Check with your state government to see if there is a special form required in your state. Utah requires disclosures. However, no special form is provided. REALTORS® use a special form copyrighted by the Utah Association Of REALTORS®. The better the disclosures you give, the less liability you have.
2. Purchasers Access to Premises Agreement. This agreement sets conditions for permitting the buyer to enter your home for activities such as measuring for draperies before you move.
3. Sales Contract. The agreement between you and the seller on terms and conditions of sale. Utah has a form that all REALTORS® are required to use unless the parties agree to use another form drafted by a lawyer. You may use that form or one purchased elsewhere.
4. Sales Contract Contingency Clauses. In addition to the contract, you may need to add one or more attachments to the contract to address special contingencies—such as the buyer’s need to sell a home before purchasing yours. Make sure all contingencies you write are clearly written and understood the same by both parties.
5. Pre- and Post-Occupancy Agreements. Unless you’re planning on moving out and the buyer moving in on the day of closing, you’ll need an agreement on the terms and costs of occupancy once the sale closes.
6. Lead-Based Paint Disclosures. If your home was built before 1978, you must disclose your knowledge of any lead in the home in writing and provide the EPA Pamphlet, Protect Your Family From Lead In Your Home. You also must have buyers sign a statement indicating they received the pamphlet. Severe legal penalties may be assessed for failure to adequately disclose and document compliance with the Federal Laws regarding Lead.
7. FHA Addendum. If your buyer is getting an FHA loan to purchase your home, this special addendum needs to be included as part of the sales contract.