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Seller Affidavit Form

Seller Affidavit Form Generator for the USA

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Seller Affidavit Form

"I need a Seller Affidavit Form for a residential property sale in California, with specific emphasis on recent solar panel installations and an active tenant lease that expires in March 2025."

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Document background
The Seller Affidavit Form is a crucial document in U.S. real estate transactions that helps prevent fraud and ensures clear title transfer. This sworn statement addresses various aspects of property ownership, including liens, boundaries, improvements, and occupancy status. The document is typically required by title companies and lenders to verify the seller's authority to sell and to identify any potential issues that could affect the property's title. The affidavit serves as a legal safeguard, protecting all parties involved in the transaction by documenting the seller's representations about the property's status.
Suggested Sections

1. Identity and Property Information: Details of seller's personal information including name, address, and comprehensive property details including legal address and parcel number

2. Ownership Declarations: Statements confirming legal ownership, right to sell, and duration of ownership

3. Title Declarations: Affirmations regarding clear title, absence of liens, encumbrances, and pending legal actions

4. Occupancy Status: Declarations about current occupancy, tenant situations, and any lease agreements

5. Tax Status: Statements regarding property tax payment status, outstanding assessments, and tax liens

Optional Sections

1. Foreign Seller Declaration: FIRPTA declarations and tax requirements for non-U.S. citizen sellers

2. Bankruptcy Declaration: Statements confirming seller is not subject to bankruptcy proceedings or related court orders

3. Environmental Declarations: Statements regarding environmental conditions, hazards, and compliance with environmental regulations

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including boundaries and easements

2. Title Exceptions Schedule: Comprehensive list of any title exceptions, encumbrances, or restrictions

3. Supporting Documentation Schedule: List of attached permits, certificates, and other relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Industries

Truth in Lending Act (TILA): Federal law that requires clear disclosure of lending terms and costs in real estate transactions

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes and prohibiting kickbacks in real estate transactions

Foreign Investment in Real Property Tax Act (FIRPTA): Federal law requiring withholding of tax on dispositions of U.S. real property interests by foreign persons

Federal Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

State Real Estate Laws: State-specific regulations governing real estate transactions, including disclosure requirements and property laws

Tax Regulations: Federal, state, and local tax requirements including Internal Revenue Code and capital gains implications

Notary Requirements: State-specific laws governing document notarization, including traditional and remote notarization regulations

Documentary Requirements: State recording acts, county clerk requirements, and title company specifications for document preparation

Consumer Protection Laws: State and local statutes designed to protect consumers in real estate transactions

Environmental Regulations: Federal and state requirements for environmental disclosures, including lead-based paint disclosures for pre-1978 properties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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