Question:
We recently listed my mother’s house with a REALTOR®. She brought us all the papers to sign and included in them was a form she called a PCDS. Grace, the REALTOR, told us we need not fill out the form as we have never lived in the property. She drew a line across the page and wrote “seller never lived in property” and had us sign it. What did we sign? Should we have signed it?
Garry T.

Answer:
Dear Garry

To answer your first question the form you signed is called a Property Condition Disclosure Statement (PCDS). This is a form a seller provides a buyer on their property. The PCDS makes mention of any discrepancies or problems experienced in the property over the years. It is NOT a guarantee supplied by a seller, but it is a disclosure of problems they have encountered in the past. Often the PCDS will identify a problem and outline the steps that were taken to remedy it. The PCDS will raise any red flags a buyer might have and give them the added encouragement to seek the advice of a professional home inspector. The PCDS is to be filled out to the best of the seller’s knowledge, and should not be accepted as a certification of the property by the buyer.

In an aside to your first question it is wise never to sign a document that you don’t understand. You should have had Grace explain this to you further. Sometimes we REALTORS® get so busy we assume everyone is on board with the terminology we use in business. Grace was right by saying it need not be filled out by you because you have never lived on the property, but she should have explained the reason for the form and why it is used. If you are unsure about something your REALTOR® has said or a form you have been asked to sign ask them. They will thank you for reminding them to explain it to you.

As to your second question yes you should have signed it. By signing the form you are saying that you know nothing about the condition of the property. This gives the buyer the added incentive to seek the opinion of a Home Inspector if they wish to purchase the property, and they have concerns in an area.

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