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Mandated DisclosuresSeller_disclosure_statement_requirementsEASY

A bank acquires a single-family home through a trustee's sale after the borrower defaults on a deed of trust. The bank lists the property for sale. Under the Missouri Seller Disclosure Act, which of the following statements is correct?

Correct Answer

B) The bank is exempt from the seller disclosure requirement because the transfer results from a foreclosure or trustee's sale.

RSMo § 339.730 et seq. specifically exempts transfers resulting from foreclosure or trustee's sales from the seller disclosure requirement. Because the bank acquired the property through a trustee's sale under Missouri's non-judicial foreclosure process, it qualifies for this exemption and is not required to complete a written disclosure statement.

Answer Options
A
The bank must complete a full seller disclosure statement because the property is a single-family home.
B
The bank is exempt from the seller disclosure requirement because the transfer results from a foreclosure or trustee's sale.
C
The bank must disclose only structural defects but is exempt from disclosing environmental conditions.
D
The bank must provide a disclosure statement within five days of accepting an offer from a buyer.

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Related Topics & Key Terms

Key Terms:

seller_disclosureexemptionsforeclosuretrustees_saleRSMo_339

Related Concepts

Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.

A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.

Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.

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