Should you tell everything when selling?
You may not know exactly how much to tell the potential buyer of
your home about the property. Disclosure to potential home
buyers about problems and issues has been a much debated
subject. Many areas actually have laws that require certain
disclosures to be made at the time the real estate contract is
entered into.
Personally, I tell all. Everything from the once or twice the
wind blew down the chimney the wrong way one windy spring to the
small little hole in the guest room window screen. Nothing is
too small and nothing is to large.
Caveat Emptor -- "let the buyer beware" -- used to be the law
when it came to real estate transactions. Unless the buyer
specifically asked about the defect, the seller didn't need to
disclose any problems.
But over the years, the Courts noticed that this was unfair. Car
buyers get to test drive cars, so why should home buyers be so
blind? If a seller knows about a problem in the home, the
problem should be corrected or disclosed to a potential buyer.
Modern consumer protection acts have led to disclosure
requirements for sellers.
Although the laws vary from place to place, the purpose of these
diclosures remain the same. Sellers of residential real estate
must disclose to their purchasers any known defects or
information concerning the water and sewer systems, insulations,
structural systems, plumbing, electrical, heating and
air-conditioning systems, fixtures and much more.
These laws require the seller to complete a disclosure form at
the time the real estate purchase contract is entered into and
give it to the purchaser. If the purchaser has not recieved the
form, he or she will have the right to terminate the contract
and receive a full return of the earnest money.
What is considered a defect? Must it be something large? Do
bones in the backyard really qualify as a defect?
Yes, they do. The courts have even ruled that land discovered to
once be a graveyard or a scene of a heinous crime must come with
a disclosure.
For example, in 1964, Mr. Louis Hickman created and recorded a
piece of land that was once a graveyard. Mr. Hickman had removed
the tombstones and all other surface evidence, leaving the
graves underground.
In the 80's, a couple built a house on the lot. Fifteen years
later, they discovered the graveyard.
The case (Carven vs. Hickman) used the Statute of Repose. This
statute basically is designed to protect builders from perpetual
liability for defective conditions due to the improvement of a
property. The graveyard did not count as an improvement and did
not protect Mr. Hickman from liability for the "defect".
This case isn't your technical lack of disclosure case, but it
gives you an idea of what you should disclose -- everything.
Otherwise, thirty-one years later, you or your estate could be
sued for non-disclosure.
Caveat Emptor has no place in today's real estate market.
Disclosure of all known problems isn't just being honest, it is
beneficial for the home seller. You can protect yourself from
litigation by simply stated everything. Yes, the price might
drop a few hundred dollars, but it may save you tens of
thousands in lawyer fees later.
Copyright 2006 #1 Loans USA