1200 South Mitchell Street, Cadillac, Michigan 49601
telephone (231) 775-0147 or (231) 884-1764 - fax (231) 775-0213
mark@lawnorth.com
Copyright 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 Mark E. Smathers, P.C.
AND PROPERTY CONDITION CHECKLIST
FOR SELLERS AND BUYERS AND FOR
LANDLORDS AND TENANTS
Before buying or selling a home you should have information on each of these topics:
( ) Access - Is there access to the property? Are your sure? Does it depend on easements? Are the easements recorded?
( ) Adverse Possession Claims
( ) Adverse Use Claims
( ) Agricultural Property: Compaction- Pipelines-PBB-Crop Restrictions-Fence Lines
( ) Air Conditioning System
( ) Asbestos (wrapping on heating duct work - other places?)
( ) Boundaries, (encroachments, adverse claims, acquiessence claims).
( ) Ceilings. condition, evidence of water?
( ) Cement, Mortar, and Bricks-Driveway-Porches-Cracking Concrete
( ) Condensation
( ) Deed, Warranty? Quit-Claim? Corporate? Estate? Trust? Certificate of Authority?
( ) Distance from work, shopping, schools, amenities, nuisances
( ) Drain Field-Health Department
( ) Drainage from Adjoining Property
( ) Drainage to Adjoining Property
( ) Dry Rot
( ) Easements recorded and unrecorded
( ) Electrical and Gas Systems and Appliances - Stove, Dryer, Gas and Oil Storage Tanks, Wiring, Pipelines, Electrical Wiring, Outside Electric Service
( ) Encroachments
( ) Environmental Assessment
( ) Erosion
( ) Fences, (matter of survey, condition)
( ) Filled Land
( ) Fire Safety
( ) Fireplace Damper and Tools
( ) Flooding-Flood Plain
( ) Floors (Including Basement Floor) Leaks.
( ) Fuel tanks, Underground? How large? Who removes? Who tests?
( ) Gas-Leaks-Accumulations
( ) Health Department and Local Government Building Inspector (Code Violations), Condemnation-Licenses for Restaurant-Tavern- apartment-etc.
( ) Heating Bills, if there is a wood stove or other auxiliary heat, gas bills may not be as low in future as in past.
( ) Heating System-Furnace-Heat Pump-Chimneys-Gas and Oil Tanks- ood Piles-Fuel on Premises-Creosote-Chimney Liner
( ) Infestation (Ants, Termites, Beetles, Other Insects)-Fungus
( ) Insurance Bills
( ) Insulation
( ) Kitchen Cabinets
( ) Land Division Act
Is the seller retaining land division rights or are some or all being transferred to thy buyer.
( ) Liens by Contractors Subcontractors, Suppliers or Laborers, has any work been performed recently? Have all contractors been licensed?
( ) Location-Neighbors-School-Airport-Landfills-Shooting Range-Paved Road
( ) Mineral rights. Who owns? Are there Leases? Is there the right for others to surface explore or come on the land?
( ) Moles, gophers, woodchucks or other burrowing creatures.
( ) Mortgages and Land Contracts- Current or in Default? Is there an agreement on the payoff?
( ) Personal Property - Propane gas in Tank, Firewood, TV Antenna, Boats, Docks, Furniture, Lawn Equipment, Fireplace Screen and Tools, Shelving, Smoke Alarms, Mirrors, Light Fixtures, Stove, Refrigerator, Washer, Dryer, Window treatments, Appliances-Built-ins-etc.
( ) Plumbing and Plumbing Fixture, Sump Pump
( ) Prior Fire or Other Damage
( ) Property Description. Does it match? Does it close?
( ) Purchase Agreement -
- Earnest money, provision for return, guarantee of title, are there tenants, does the description close and match, provisions for securing mortgage with release if not secured for right number of years and interest, possession date, rental for possession before closing, provisions for professional inspections for termites, mechanical systems, water quality, septic system, what personal property is included, etc. Many items on this entire checklist should be included. (See related topic on this site).
( ) Report on title questions,
( ) Roof-Condition-Leaks-Age
( ) Security Deposit - For sales: Who will hold, what conditions will trigger return and when, get specific. For Rentals: See document this site on Landlord Tenant Security Deposits
( ) Seller's Disclosure Statement - Has one been provided?
( ) Septic Tank-Health Department
( ) Sewer Line, sanitary.
( ) Soil-Filled-Percolation Tests-Ground Contamination
( ) Special and General Assessments, Road Sanitary sewer, storm sewer, etc.
( ) Standing Water
( ) Storm Sewer
( ) Structures-Size-Measurements Taken or Given
( ) Swimming Pools-Saunas
( ) Tax Bills
( ) Tax Liens, Michigan, Federal
( ) Tax Proration
( ) Tenants
( ) Title insurance. How much? Who pays? Who orders? What are the exceptions?
( ) Unknown (Latent) Defects - Is the buyer willing to accept, or to accept the responsibility for any latent defects?
( ) Unrecorded Pipelines and Unrecorded Easements, Leases or Mineral Leases
( ) Utilities: Who are the utility companies, what were prior bills
( ) Walls (Including Basement Walls)- Are there leaks? Do they bow in or out?
( ) Waste and trash pickup
( ) Water Softener
( ) Water and Water Wells- Quantity and Quality- Health Department Tested? Age and Condition?
( ) Windows (Including Storms and Screens)
( ) Zoning
( ) Other
I hope that some of your questions have been answered. Please don't hesitate to ask your attorney any real estate questions you may have
Law Information Index
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Mark E. Smathers, P.C.
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