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SpdsSpds_vs_affidavit_of_disclosureEASY

An estate executor is selling a deceased person's home in Scottsdale and tells the listing agent they have very limited knowledge about the property's condition and history. The executor asks whether they should complete an SPDS or an Affidavit of Disclosure. What is the most appropriate advice?

Correct Answer

A) Complete an SPDS and answer 'unknown' to questions about which they have no knowledge

An SPDS is still required for residential property sales, and executors should complete it answering 'unknown' to questions they cannot answer based on their limited knowledge. This fulfills the legal requirement while acknowledging their limitations. Option B is incorrect because an Affidavit of Disclosure cannot substitute for the required SPDS. Option C is incorrect because completing both documents is unnecessary and could create confusion. Option D is incorrect because estate sales are not exempt from SPDS requirements.

Answer Options
A
Complete an SPDS and answer 'unknown' to questions about which they have no knowledge
B
Use an Affidavit of Disclosure since they have limited knowledge of the property's condition
C
Complete both documents to provide maximum protection
D
Neither document is required in estate sales

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Related Topics & Key Terms

Key Terms:

SPDSestate_saleexecutorlimited_knowledgeunknown_responses
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