Kansas requires sellers to provide:
Question & Answer
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No mandatory disclosure form
Kansas does not exempt sellers from disclosure obligations; stating that no mandatory disclosure form is required is factually incorrect under K.S.A. 58-30,106, which explicitly mandates the Seller's Disclosure Statement for residential transactions.
Seller's Disclosure Statement
Only lead paint disclosure
While federal law requires lead paint disclosure for pre-1978 homes, Kansas law imposes a broader Seller's Disclosure Statement requirement that goes far beyond lead paint alone, covering a wide range of known material defects and property conditions.
Full warranty
A full warranty is a contractual obligation that goes beyond disclosure and is not required by Kansas law; sellers are required to disclose known conditions, not guarantee the property against all future defects.
Why is this correct?
Kansas law, under K.S.A. 58-30,106, requires sellers of residential real property to complete and deliver a Seller's Disclosure Statement to prospective buyers, covering known material defects and conditions of the property. This statutory requirement applies broadly to residential transactions and is not limited to specific property types or financing arrangements. The Seller's Disclosure Statement is a cornerstone of Kansas consumer protection in real estate, and failure to provide it can expose sellers to legal liability.
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