The Seller Property Questionnaire Explained

One of our goals is to empower our clients by offering knowledge and information about the real estate process. Among the most important topics is disclosure and today we are discussing the Seller Property Questionnaire used in California.

Note: This is part two of our disclosure conversation. In part one, we discussed the Real Estate Transfer Disclosure Statement.

Below you will find a short video put together by Joe Parker of The Santa Barbara Group. In the video, Joe goes over the purpose and elements of the Seller Property Questionaire (SPQ.)

Disclosure is one of the true HOT topics in real estate. Stats suggest over 80% of residential real estate lawsuits have to do with a home seller failing to disclose something the buyer felt important.

The rule of thumb with disclosure is more is better. The SPQ form offers a directive to home sellers that is darn clear, especially for a government document.

PURPOSE: To tell the Buyer about known material or significant items affecting the value or desirability of the Property and help to eliminate misunderstandings about the condition of the Property.

As the Seller, answer based on actual knowledge and recollection at this time.

Something that you do not consider material or significant may be perceived differently by a Buyer.

Think about what you would want to know if you were buying the Property today.

Read the questions carefully and take your time.

If you do not understand how to answer a question, or what to disclose or how to make a disclosure in response to a question, whether on this form or a TDS, you should consult a real estate attorney in California of your choosing. A broker cannot answer the questions for you or advise you on the legal sufficiency of any answers or disclosures you provide.

What's In The Seller Property Questionaire?

The SPQ is a continuation of the Real Estate Transfer Disclosure Statement. It is a multi-page form filled with yes or no questions covering a variety of topics. If you answer "yes" to a question, the form has room for an explanation.

There are a lot of questions, some rather easy to understand and some not so much. There are questions about the neighborhood, repairs made to the property, landscaping, and pets.

Plus, you'll find questions pertaining to damage from outside forces, easements, title and more.

As mentioned above, you'll want to take some time with this form and be as accurate as possible.

The good news is, you only have to put down information you know personally. It is not asking you to speculate or spend hours researching to find answers you do not know.

Some of the questions may use terms with which are unfamiliar. A Google search may provide some answers. The gang at the Santa Barbara Group may be able to help too or you may want to consult a knowledgeable attorney. Just remember, all answers have to come from the home Seller. The real estate agent, broker or attorney cannot provide the actual answers.

The Seller Property Questionaire - Conclusions

Disclosures are a Golden Rule kind of document. If you were on the receiving end, what information would you like to know? If in doubt, disclose.

Please know, we are here to help. If you have questions, our nearly 2 decades of full-time experience means we, most likely, know the answer.

Thanks for spending time with us. We look forward to meeting and helping you when the need arises.

Joe Parker
Garrett McCaw
Avi Becker
The Santa Barbara Group at Berkshire Hathaway HSCP.