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Truth in Sale of Housing

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1. I'm selling my residential property. If I need an inspection, how do I schedule it?

For one and two family residential dwellings the City requires either a Truth-in-Sale of Housing inspection, or a letter of Code Compliance, or a current Fire Certificate of Occupancy. If the dwelling is a Registered Vacant Building, you may ask the Code Compliance Inspector (call 651-266-8989) for a letter of Code Compliance. If the dwelling is being rented or is NOT owner-occupied, then you should contact the Fire Marshal's Office, Fire Certificate of Occupancy program (call 651-266-8989) for a copy of your current Certificate of Occupancy. In these two cases, if you do not have or do not want to get, a letter of Code Compliance or Fire Certificate of Occupancy you must get a Truth-in-Sale of Housing report. Even if you have a letter of Code Compliance or a Fire Certificate of Occupancy, you may also get a Truth-in-Sale of Housing report, but it would not be required.

2. Who do I contact for a Truth-in-Sale of Housing Inspection?

Truth-in-Sale of Housing inspections are done by private, licensed evaluators. Check the Truth-in-Sale of Housing home page for a current list of evaluators and their contact phone numbers. The City will not recommend an evaluator. As private contractors, each evaluator sets his or her own fees and schedules. The City does not monitor, regulate, guarantee or set the fees charged by evaluators. The evaluator will complete the report and file a copy with the city.

3. What is a Truth-in-Sale of Housing Report?

A disclosure report is an overview of the building components and fixtures. It is to inform prospective buyers of the observed condition of a dwelling at the time of the evaluation. The disclosure report is intended to provide basic information to the home buyer and the seller prior to the time of sale; not necessarily detailed information. Prospective buyers may also seek additional opinions from various experts in the inspections field prior to purchase.

4. If the evaluators find hazards during the inspection, will I have to make repairs?

With the exception of requiring at least one hard-wired smoke detector, they will not require any repairs. This is ONLY a disclosure report. This is not to say that V.A., FHA, or some other mortgage or finance company will not demand certain codes or standards be met before a mortgage is approved; they have their own standards and while they may be similar, they may not be the same as those noted on the Truth-in Sale of Housing disclosure report.

5. When should the evaluation be done?

It is the responsibility of the owner or the owner's agent to comply with the following requirements. The City requires an evaluation be done within three (3) calendar days of a dwelling being offered, listed or posted for sale. It can be done more than 3 days before the dwelling is offered for sale, but no later than 3 days after the dwelling is offered for sale. "Offered for Sale" is defined as any of these types of actions: Posting a "For Sale" sign in the yard, signing a listing agreement with an agent, promising to sell the property on a "contract for deed", listing the property on the MLS, putting an ad in the newspaper. This list may not be all-inclusive, and any action taken that begins the process of marketing or transferring ownership of the porperty may be considered to meet the definition.

6. How long is the Truth-in-Sale of Housing report valid?

The Truth-in-Sale of Housing report is valid for one (1) year from the date on the report and is only valid for the owner named on the report, and for only one sale. The same restrictions on time and ownership apply to a letter of Code Compliance and the Fire Certificate of Occupancy.