1 Fuller Sothebys International Real Estate 800 E. Crescent Parkway Suite 00 Greenwood Village, CO Sarah Hubregsen Broker Associate Ph: Fax: The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission (SPD9-5-09) (Mandatory 7-09) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SELLER'S PROPERTY DISCLOSURE (RESIDENTIAL) THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER. Seller states that the information contained in this Disclosure is correct to the best of Seller s CURRENT ACTUAL KNOWLEDGE as of this Date. Any changes will be disclosed by Seller to Buyer promptly after discovery. Seller hereby receipts for a copy of this Disclosure. If the Property is part of a Common Interest Community, this Disclosure is limited to the Property or Unit itself, except as stated in Section L. Broker may deliver a copy of this Disclosure to prospective buyers. Note: If an item is not present at the Property or if an item is not to be included in the sale, mark the N/A column. The Contract to Buy and Sell Real Estate, not this Disclosure form, determines whether an item is included or excluded; if there is an inconsistency between this form and the Contract, the Contract controls. Date: 10/1/010 Property Address: 890 S JOSEPHINE STREET, DENVER, 8009 Seller: TRACIE T. BARNES and DAVID A. BARNES I. IMPROVEMENTS A. STRUCTURAL CONDITIONS Do any of the following conditions now exist or have they ever existed: Yes No 1 Structural problems Moisture and/or water problems Damage due to termites, other insects, birds, animals or rodents Damage due to hail, wind, fire or flood 5 Cracks, heaving or settling problems 6 Exterior wall or window problems House was originally constructed in 19. Between 19 and the major renovation in 1987, some minor (approximately 1-inch) settling occurred. 7 Exterior Artificial Stucco (EIFS) The entire house is coated with Dryvit. 8 Any additions or alterations made In 1987 the size of the house was doubled in a major renovation. A new second story was added. An attached garage was added. 9 Building code, city or county violations B. ROOF Yes No 1 Roof problems Roof material asphalt shingle Age The roof is scheduled to be completely Roof material Age replaced in early November 010. Roof leak: Past Roof leak: Present 5 Damage to roof: Past 6 Damage to roof: Present 7 Roof under warranty until Transferable 8 Roof work done while under current roof warranty 9 Skylight problems 10 Gutter or downspout problems Hail damaged occurred in approximately This is no longer relevant as the house will have a brand new roof prior to sale. C. APPLIANCES Yes No n N/A SPD SELLER`S PROPERTY DISCLOSURE (Residential) Page 1 of 6
2 1 Built-in vacuum system & accessories 0 Clothes dryer 6 Clothes washer Dishwasher 5 Disposal 5 6 Freezer 7 Gas grill 7 8 Hood 9 Microwave oven 1 10 Oven 1 11 Range There is no range. There is a cooktop in working condition. 1 Refrigerator Sub-Zero refrigerator/freezer. 1 T.V. antenna Owned Leased 0 in attic 1 Satellite system or DSS dish Owned Leased 15 Trash compactor D. ELECTRICAL & TELECOMMUNICATIONS Yes No 1 Security system: Owned Leased Smoke/fire detectors: Battery Hardwire Carbon Monoxide Alarm Battery Hardwire 1 Light fixtures 5 Switches & outlets 6 Aluminum wiring (110) 7 Electrical: Amps n N/A 8 Telecommunications (T1, fiber, cable, satellite) Cable/DSL 9 Inside telephone wiring & blocks/jacks one CO detector is hardwired and the other is battery 10 Ceiling fans one in the Master Bedroom 11 Garage door opener 15 openers 1 Garage door control(s) # 1 1 Intercom/doorbell 1 In-wall speakers 15 0 volt service 16 Landscape lighting Back patio landscape lighting in each post. Separate lamp in back on south side. E. MECHANICAL Yes No 1 Air conditioning: Evaporative cooler Window units Central Attic/whole house fan n N/A Vent fans one in each bathroom Humidifier 5 Air purifier 6 Sauna 7 Hot tub or spa 1 Pearl jetted tub in master suite. 8 Steam room/shower 9 Pool Heating system: Type FHA Fuel gas Type Fuel Water heater: Number of Fuel type gas Capacity 0 SPD SELLER`S PROPERTY DISCLOSURE (Residential) Page of 6
3 1 Fireplace: Type 1 Fuel gas 1 Fireplace insert 1 Stove: Type Fuel 15 When was fireplace/wood stove, chimney/flue last cleaned: Date: Fuel tanks: Owned Leased Do not know 17 Radiant heating system Interior Exterior Hose Type 18 Overhead door 19 Entry gate system 0 Elevator F. WATER, SEWER & OTHER UTILITIES Yes No 1 Water filter system Owned Leased Water softener Owned Leased Sewage problems Yes No Do not know Lift station (sewage ejector pump) 5 Drainage, storm sewers, retention ponds 6 Grey water storage/use 7 Plumbing problems Yes No Do not know 8 Sump pump 9 Underground sprinkler system 10 Fire sprinkler system 11 Polybutylene pipe Yes No Do not know 1 Galvanized pipe Yes No Do not know 1 Backflow prevention device n N/A Cracked kitchen wastewater pipe. Repaired in 010 During the major renovation in 1987, all the plumbing inside the house was completely replaced. Domestic Irrigation Fire Sewage Sump pump in basement. 1 Irrigation pump 15 Well pump G. OTHER DISCLOSURES IMPROVEMENTS Yes No 1 Included fixtures and equipment in working condition II. GENERAL H. USE, ZONING & LEGAL ISSUES Yes No 1 Zoning violation, variance, conditional use, enforceable PUD or non-conforming use Notice or threat of condemnation proceedings 5 Notice of any adverse conditions from any governmental or quasi-governmental agency that have not been resolved Violation of restrictive covenants or owners association rules or regulations Any building or improvements constructed within the past one year from this Date without approval by the Association or the designated approving body 6 Notice of zoning action related to the Property 7 Other legal action I. ACCESS, PARKING, DRAINAGE & SIGNAGE Yes No SPD SELLER`S PROPERTY DISCLOSURE (Residential) Page of 6
4 1 Any access problems Roads, driveways, trails or paths through the Property used by others Public highway or county road bordering the Property Any proposed or existing transportation project that affects or is expected to affect the Property Encroachments, boundary disputes or unrecorded easements Shared or common areas with adjoining properties Requirements for curb, gravel/paving, landscaping Flooding or drainage problems: 8 Past Flooding or drainage problems: 9 Present Josephine Street (part of the City & County of Denver) borders the West side of the property. An alley owned by the City & County of Denver borders the East side of the property. The City & County of Denver has requirements that: a) unattended vegetation must be cut if more than 6 inches in height and b) tree limbs over streets and alleys must be trimmed to at least 1 ½ feet above the ground; over sidewalks to a minimum of 8 feet. J. WATER & SEWER SUPPLY Yes No 1 Water Rights Type Water tap fees paid in full Sewer tap fees paid in full Subject to augmentation plan 5 Well required to be metered 6 Type of water supply: Public Community Well Shared Well Cistern None 7 If the Property is served by a Well, a copy of the Well Permit Is Is Not attached. Well Permit #: Drilling Records Are Are Not attached. Shared Well Agreement Yes No. The Water Provider for the Property can be contacted at: Name: Denver Water Address: Web Site: DenverWater.org Phone No.: There is neither a Well nor a Water Provider for the Property. The source of potable water for the Property is [describe source]: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. Type of sanitary sewer service: Public Community Septic System None Other If the Property is served by an on-site septic system, supply to buyer a copy of the permit. Type of septic system: Tank Leach Lagoon K. ENVIRONMENTAL CONDITIONS Do any of the following conditions now exist or have they ever existed: Yes No 1 Hazardous materials on the Property, such as radioactive, toxic, or biohazardous materials, asbestos, pesticides, herbicides, wastewater sludge, radon, methane, mill tailings, solvents or petroleum products Underground storage tanks Aboveground storage tanks House was originally constructed in 19 with a coal-fired, hot-air system. This was completely removed in 1987 when the house underwent a major renovation. Underground transmission lines All telecomm lines run under the driveway. 5 Pets kept on the Property Two () cats. Property used as, situated on, or adjoining a dump, land fill 6 or municipal solid waste land fill 7 Monitoring wells or test equipment 8 Sliding, settling, upheaval, movement or instability of earth or expansive soils of the Property 9 Mine shafts, tunnels or abandoned wells on the Property Within governmentally designated geological hazard or 10 sensitive area Within governmentally designated flood plain or wetland 11 area SPD SELLER`S PROPERTY DISCLOSURE (Residential) Page of 6 House was originally constructed in 19. Between 19 and the major renovation in 1987, some minor (approximately 1-inch) settling occurred.
5 1 Dead, diseased or infested trees or shrubs Environmental assessments, studies or reports done 1 involving the physical condition of the Property Property used for any mining, graveling, or other natural 1 resource extraction operations such as oil and gas wells 15 Interior of Improvements of Property tobacco smoke-free 16 Other environmental problems No one has smoked inside the house since L. COMMON INTEREST COMMUNITY ASSOCIATION PROPERTY Yes No 1 Property is part of an owners association Special assessments or increases in regular assessments approved by owners association but not yet implemented Has the Association made demand or commenced a lawsuit against a builder or contractor alleging defective construction of improvements of the Association Property (common area or property owned or controlled by the Association but outside the Seller's Property or Unit). M. OTHER DISCLOSURES GENERAL Yes No Any part of the Property leased to others (written or 1 oral) Written reports of any building, site, roofing, soils or engineering investigations or studies of the Property Any property insurance claim submitted (whether paid or not) 5 6 Structural, architectural and engineering plans and/or specifications for any existing improvements Property was previously used as a methamphetamine laboratory and not remediated to state standards Government special improvements approved, but not yet installed, that may become a lien against the Property The house was rented out from July 1985 to January A Pin Survey was completed in 1987 and a copy is available from the seller. A claim for hail damage was submitted in approximately A complete set of Construction Drawings for the renovation in 1987 and the basement office addition are available from the seller. Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property. Property inspection services may be purchased and are advisable. This form is not intended as a substitute for an inspection of the Property. ADVISORY TO SELLER: Failure to disclose a known material defect may result in legal liability. The information contained in this Disclosure has been furnished by Seller, who certifies to the truth thereof based on Seller s CURRENT ACTUAL KNOWLEDGE. Seller: TRACIE T. BARNES Date: 10/7/010 Seller: DAVID A. BARNES Date: 10/7/010 ADVISORY TO BUYER: 1. Even though Seller has answered the above questions to the best of Seller s current actual knowledge, Buyer should thoroughly inspect the Property and obtain expert assistance to accurately and fully evaluate the Property to confirm the status of the following matters: SPD SELLER`S PROPERTY DISCLOSURE (Residential) Page 5 of 6
6 a. the physical condition of the Property; b. the presence of mold or other biological hazards; c. the presence of rodents, insects and vermin including termites; d. the legal use of the Property and legal access to the Property; e. the availability and source of water, sewer, and utilities; f. the environmental and geological condition of the Property; g. the presence of noxious weeds; and h. any other matters that may affect Buyer s use and ownership of the Property that are important to Buyer as Buyer decides whether to purchase the Property. Seller states that the information is correct to the best of Seller s current actual knowledge as of the date of this form. The term current actual knowledge is intended to limit Seller s disclosure only to facts actually known by the Seller and does not include constructive knowledge or common knowledge or what Seller should have known about the Property. The Seller has no duty to inspect the Property when this Disclosure is filled in and signed.. Valuable information may be obtained from various local/state/federal agencies, and other experts may assist Buyer by performing more specific evaluations and inspections of the Property.. Boundaries, location and ownership of fences, driveways, hedges, and similar features of the Property may become the subjects of a dispute between a property owner and a neighbor. A survey may be used to determine the likelihood of such problems. 5. Whether any item is included or excluded is determined by the contract between Buyer and Seller and not this Seller's Property Disclosure. 6. Buyer acknowledges that Seller does not warrant that the Property is fit for Buyer s intended purposes or use of the Property. Buyer acknowledges that Seller s indication that an item is working is not to be construed as a warranty of its continued operability or as a representation or warranty that such item is fit for Buyer s intended purposes. 7. Buyer hereby receipts for a copy of this Disclosure. Buyer: Date: Buyer: Date: SPD SELLER'S PROPERTY DISCLOSURE (RESIDENTIAL) CTM econtracts CTM Software Corp. SPD SELLER`S PROPERTY DISCLOSURE (Residential) Page 6 of 6
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