Real Estate and their affiliated licenses in Tennessee are not attorneys, certified tax specialists, or structural or environmental engineers. They are engaged in bringing together buyers and sellers in real estate transactions. Broker expressly denies any expertise with respect to advice or informed opinions regarding any of the following matters. This Notice is an express warning to all sellers and buyers that they should not rely on any statement, comment or opinion expressed by Broker when making decisions about any of the following matters, including the selection of any professional to provide services on behalf of buyers or sellers. Any professional selected by buyers or sellers should be an “independent qualified professional,” who complies with all applicable state/local requirements, which may include, licensing, insurance, and bonding requirements. It is strongly recommended that buyers include contingency clauses in their offers to purchase with respect to these or any other matters of concern and that buyers, in writing the offer, allow enough time to get an evaluation of the following matters from an independent qualified professional. The matters listed below are not an exclusive list of actions or circumstances which are not the responsibility of the Licensees with whom you work. These items are examples and are provided only for your guidance and information.
1. LEGAL AND TAX ADVICE: You should seek the advice of an attorney and/or certified tax specialist on any legal or tax questions regarding any offers, contracts, issues relating to the title or ownership of the property, or any other matters of concern, including those itemized in this Disclaimer Notice. Real estate agents are not legal or tax experts, and therefore cannot advise you in these areas.
2. BOUNDARY SURVEY: It is strongly advised that you secure the services of a licensed surveyor for a full-stake boundary survey with all boundary lines, easements, encroachments, flood zones, total acreage, etc., clearly identified. It is also advised that you not rely on mortgage loan inspection surveys, previous surveys, plat data, or Multiple Listing Services (MLS) data for this information, even if acceptable to your lender.
3. ZONING, CODES, COVENANTS, RESTRICTIONS, AND RELATED ISSUES: Zoning, codes, covenants, restrictions, homeowner association by-laws, special assessments, city ordinances, governmental repair requirements and related issues need to be verified by the appropriate sources in writing. If your projected use requires a zoning or other change, it is recommended that you either wait until the change is in effect before committing to a property, or provide for this contingency in your Purchase and Sales Agreement.
4. TITLE INSURANCE: If you are buying property, you may want to obtain title insurance to protect you, as an owner, from claims asserted by others that may affect your ownership of the property. You should obtain more information about title insurance form your attorney, title insurance company or the closing company prior to closing. Red Realty, LLC advises that you obtain such coverage, but you are not required to do so.
5. THE CONDITION OF ROOFING: Consult with a bonded roofing company for any concerns about the condition of the roof.
6. HOME INSPECTION. I strongly recommend that you have a home inspection, which is a useful tool for determining the overall condition of a home including, but not limited to, electrical, heating, air conditioning, plumbing, water-heating systems, fireplaces, windows, doors and appliances. Contact several sources (like the Tennessee Department of Commerce & Insurance (www.licrch.state.tn.us), the American Society of Home Inspectors (www.ashi.com), the National Association of Certified Home Inspectors (www.nachi.org), and Home Inspectors of Tennessee (www.hita.us) and independently investigate the competency of an inspector, including whether he has complied with State and/or local licensing and registration requirements in your area. The home inspector may, in turn, recommend further examination by a specialist (heating, air, plumbing, etc.). Failure to inspect typically means that you are accepting the property “as is”.
7. SQUARE FOOTAGE: You may be given information from the MLS, your agent, brochures or other data regarding the square footage of the home; but you should not rely on such information until making your own evaluation or obtaining such measurements from an appraiser on whom you can rely.
8. CURRENT VALUE, INVESTMENT POTENTIAL, OR RESALE VALUE OF THE PROPERTY.
A true estimate of the value can only be obtained through the services of a licensed appraiser. No one, not even a professional appraiser, can know the future value of a property. Unexpected and unforeseeable things happen. NOTE: A real estate licensee’s Comparative Market Analysis (CMA) or Broker’s Price Opinion (BPO), etc., while sometimes used to set an asking price or an offer price, is not an appraisal.
9. UTILITY CONNECTIONS, SEPTIC SYSTEM CAPABILITY, AND RELATED SERVICES.
The availability, adequacy, connection and/or condition of waste disposal (sewer, septic system, etc.), water supply, electric, gas, cable, internet, telephone, or other utilities and related services to the Property need to be verified by the appropriate sources in writing. You should have a professional check access and/or connection to public sewer and/or public water source and/or the condition of any septic system(s) and/or wells. To confirm that any septic systems are properly permitted for the actual number of bedrooms, it is recommended that sellers and/or buyers request a copy of the information contained in the file for the Property maintained by the appropriate governmental permitting authority. If the file for this Property cannot be located or you do not understand the information contained in the file, you should seek professional advice regarding this matter. For unimproved land, septic system capability can only be determined by using the services of a professional soil scientist and verifying with the appropriate governmental authorities that a septic system of the desired type, size, location, and cost can be permitted and installed to accommodate the size home that you wish to build.
10. STRUCTURAL OR OTHER CONDITIONS OF THE PROPERTY: You should always, in evaluating the condition of the land and dwelling, consult and obtain the written opinion of a home inspector. The inspector will often recommend other professionals to inspect the HVAC system and other appliances, the integrity of the structure, the roof and foundation, or even the condition of the land form an environmental point of view. These inspectors and professionals should be licensed, if required, and bonded.
11. ENVIRONMENTAL HAZARDS: Environmental hazards such as, but not limited to: radon gas, mold, asbestos, lead-based paint, hazardous wastes, landfills, byproducts of methamphetamine production, high-voltage electricity, noise levels, etc., require advanced techniques by environmental specialists to evaluate, remediate and/or repair. It is strongly recommended that you secure the services of knowledgeable professionals and inspectors in all areas of environmental concern.
12. WOOD DESTROYING INSECTS, PESTS AND INFESTATIONS: It is strongly recommended that you use the services of a licensed professional pest control company to determine the presence of wood destroying insects (termites, etc.) or other pests or infestations and to examine the property for any potential damage from such.
13. FLOOD CERTIFICATION AND DRAINAGE: Obtaining a Flood Certification is important but not always conclusive of flooding or drainage problems with the property. You should obtain as much independent knowledge of the property’s propensity for such problems, including an opinion from a civil engineer or other certified professional.
14. TENNESSEE RESIDENTIAL PROPERTY DISCLOSURE: Unless the Seller is exempt, Seller must furnish to Buyer a Tennessee Residential Property Disclosure. The Disclosure may downplay or fail to mention certain problems with the property and improvements, you should not entirely rely on it. It is recommended that you, in fact, not rely on the Disclosure, but instead, proceed with obtaining your own inspections and evaluations from licensed and bonded professionals.
15. SCHOOL DISTRICTS AND OTHER SCHOOL INFORMATION. It is advised that you independently confirm school zoning with the appropriate school authorities, as school districts are subject to change. Other school information (rankings, curriculums, student-teacher ratios, etc.) should be confirmed by appropriate sources in writing.
16. RECOMMENDED INSPECTORS, SERVICE PROVIDERS, OR VENDORS: The furnishing of any inspector, service provider or vendor names by the real estate licensees is done only as a convenience and a courtesy, and does not in any way constitute any warranty, representation, or endorsement. Buyers and sellers have the option to select any inspectors, service providers or vendors of the buyer’s or seller’s choice. You are advised to contact several sources and independently investigate the competency of any inspector, contractor, or other professional expert, service provider or vendor, and to determine compliance with any licensing, registration, insurance and bonding requirements in your area.
17. INFORMATION ABOUT CRIMES OR SEX OFFENDERS: You should consult with local, state, and federal law enforcement agencies for information or statistics regarding criminal activity at or near the property, or for the location of sex offenders in a given area.
The buyers and/or sellers acknowledge that they have not relied upon the advice, casual comments, or verbal representations of any real estate agent relative to any of the matters itemized above, or similar matters. The buyers and/or sellers understand that it has been strongly recommended that they secure the services of appropriately credentialed experts and professionals of the buyer’s or seller’s choice for advice and counsel about these and similar concerns. The buyers and/or sellers further acknowledge that they have read and understand and agree to the Disclosure of Affiliated Businesses and Fee Disclosure statements contained herein.