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IA Real Estate: Iowa-Specific Practices, Disclosures, and Required Forms

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Iowa-Specific Practices, Disclosures, and Required Forms

Seller disclosure

Iowa Code ch. 558A requires a written Seller's Disclosure of Property Condition - delivered to the buyer before a written offer is accepted - covering known defects in structure, mechanical systems, water/sewage, hazardous conditions, and other material matters. Exemptions include new construction never occupied, certain court-ordered and foreclosure transfers, and transfers between co-owners or family members as defined by the statute. An "as-is" sale does not eliminate the duty to disclose known material defects, and the buyer's remedy for a knowing misrepresentation is separate from the disclosure form. The form is not a warranty and does not substitute for inspections.

Groundwater hazard statement

Iowa requires a Groundwater Hazard Statement filed with the county recorder when a deed or other real estate instrument is recorded, disclosing private water supply, private sewage systems, and known hazardous conditions. A licensee should confirm it accompanies the recording.

Other required and customary items

Written agency/brokerage disclosure and consent to dual agency; federal lead-based paint disclosure for pre-1978 housing; radon and other environmental information where applicable; the abstract of title and attorney's title opinion customary in Iowa closings, with Iowa Title Guaranty available for owner coverage. Purchase agreements are typically the Iowa Association of REALTORS forms - use of a specific form is not mandated by the Commission.

Traps

Assuming a foreclosure or estate sale never requires disclosure (only statutory exemptions apply); assuming a waiver form cures a known defect; using a buyer's inspection as a substitute for disclosure.

Worked example: Seller checked "no known problems" but knew the basement flooded. Buyer signs an as-is purchase agreement. Seller can still be liable for the misrepresentation.