Call us: (801) 748-1044
info@rentfromboardwalk.com
  • Owner Login
  • Tenant Login
  • HOA Login
  • Maintenance Portal
Boardwalk Property ManagementBoardwalk Property ManagementBoardwalk Property ManagementBoardwalk Property Management
  • Search Homes
    • Rentals
    • For Sale
  • Tenants
    • Tenant Portal
    • Pay Rent Online
    • Renters Insurance
    • How to Qualify
    • Utilities
    • Download the Tenant App
    • Boardwalk Benefit Package
    • Tenant2Buyer Program
    • Credit Reporting
    • Pet Application
    • restricted dogs
  • Property Owners
    • Owner Portal
    • Sell a Rental
    • Pricing
    • Full Property Management
    • Landlord Rescue
    • Association Management
    • Commercial Management
    • Brokerage Real Estate
    • Pricing
  • Investors
    • Investor Newsletter
  • Maintenance
    • Maintenance
    • Utilities
    • Vendors
    • Preferred Vendors
  • Contact Us
    • Meet Our Team
    • Culture & DNA
    • Give a Referral
    • Testimonials
    • Careers
    • Contests
    • Boardwalk Cares

6 Things Home Sellers Are Legally Required To Disclose

    Home Uncategorized 6 Things Home Sellers Are Legally Required To Disclose
    NextPrevious

    6 Things Home Sellers Are Legally Required To Disclose

    By spaganelli | Uncategorized | 0 comment | 21 November, 2016 | 0

    6-Things-Home-Sellers-Are-Legally-Required-To-Disclose-Hero

    When it comes to selling your home, heed your mother’s advice: Honesty is always the best policy.

    Denise Supplee and her husband, Jerry, had been in their new home in Horsham, PA, for just three months when they started to notice something strange in their bathroom. “You could see mold starting to seep through the paint,” says Denise, a co-founder and director of operations of SparkRental.com. “We had a contractor come in and he told us we were lucky,” she says. “It seemed to be an issue kept to the bathroom and occurred most likely because there was no exhaust fan.” The problem: The seller had blatantly painted over existing mold without ever disclosing it to the Supplees. Although the seller made good and paid for the mold removal — a $1,500 cost — the Supplees could have taken them to court for not disclosing the problem before the sale, which could be solved immediately if the seller conducted mold removal services.

    It’s a question that plagues many residential sales: As a seller, what do you — and don’t you — need to tell the buyer about your home? “My rule of thumb is this: If you’re not sure if you should disclose something, you probably should,” says Sam Pawlitzki, a real estate agent with Beach Cities Real Estate in Los Angeles, CA. “Think of seller disclosures like a Carfax report.” Plus, the harm in not disclosing something can result in some serious legal and financial woes. Here’s a list of what you legally need to include in your sellers’ disclosure to keep yourself out of hot water.

     

    1. Lead paint

    One item is a must when it comes to being upfront with potential buyers: the use of lead-based paint in your home. “If the home was built before 1978, each party in a transaction needs to sign a lead paint disclosure,” says Pawlitzki. “This is a federal law and applies to every state. No matter if you think the lead paint has been removed or not, it still needs to be disclosed.” However, David Reiss, a professor at Brooklyn Law School in Brooklyn, NY, explains, “If you are not aware of a lead-based paint issue in the house, you are not required by the act to investigate whether there is any.”

    2. Paranormal activity

    Ghosts haunting your house? Fess up to the potential buyer ASAP. “When you think of paranormal activity, you don’t think of home disclosures, but you should,” warns Pawlitzki. “If you think your house is haunted, or if you’ve had an exorcism done, you should disclose the info to the buyer side.” Although rules vary from state to state on this topic, in some states, like Arizona, sellers are obligated to disclose “all known material facts” about a home, which could potentially include hauntings and paranormal activity. “There truly is no disclosure too big or too small or too silly,” says Pawlitzki.

    3. Emotional defects

    Depending on your location, you may be required to disclose what some call “emotional defects” about a home — specifically, if a murder, suicide, or violent crime occurred there. In California, for example, Civil Code 1710.2 details that any death on a property does not need to be disclosed if it occurred more than three years prior to the sale of the home. But read the fine print: If a buyer asks, this same statute requires the seller to disclose any death on the property more than 3 years old.

    4. Pests

    Whether it’s snakes, mice, or bats, in most states, sellers are required by law to disclose any sort of pest infestation that required termite control services. “My team recently sold an apartment where the actual apartment was fine, but the residences directly above and below had small bedbug infestations,” says Tracie Hamersley, a broker with Douglas Elliman in New York, NY.

    “While not legally required to disclose this fact, as the place for sale did not actually have any bedbugs for which it may require to hire services like the #1 Bed Bug Exterminator in Toronto Canada! Control-Removal-Treatments, we thought it a smart move to tell any serious would-be buyers, as it was better they hear it from us, the seller, rather than their attorney finding it out and it looking like we had tried to be sneaky or hide this material information.”

    Get the best pest control methods that will completely and surely get rid off the pests. And when looking for services, make sure they use environmentally safe pest control for your safety. In addition, you may visit the FieldRoutes webpage for pest control and lawn care maintenance guide.

    5. Property drainage issues

    So the basement floods, huh? Gotta disclose it, even when you already got basement waterproofing done. “I had a client who had changed listing agents but finally got her home sold with another real estate agent,” explains Frances Dawson, an agent with RE/MAX Executive at The Lake in Cornelius, NC. “After a bit of time, the new owner started to have drainage issues and standing water in the backyard. Through legal depositions, the seller disclosed that when construction on a new development had commenced behind the home, she began to have drainage issues. The developer changed some of his grading and added drain systems to her yard, and she thought the issue was resolved. But because she never disclosed this prior issue, the new owner prevailed in his lawsuit against both the seller and her listing agent. I use this example as a warning to my listing clients: It is always best to disclose major or unusual issues even if you believe the issue has been resolved! A CCTV Drain Survey Croydon is also essential to check the state of a drainage system, as it can uncover drainaցe systems that are not up to date.” 

    6. Neighbor disputes or boundary issues

    It might not seem like a big deal that your fence is 1 foot inside your neighbor’s property line, but it can affect a new owner down the road. What may seem like a small neighborly dispute could actually become a major one when homes change hands, so it’s wise to disclose it upfront.

    No tags.

    spaganelli

    More posts by spaganelli

    Related Post

    • Rent Or Buy?

      By bwprentals | 0 comment

      Not sure if you should rent or buy? We can help you do the math — and make the right decision. If you’re a renter or in the market for a new rental, one of theRead more

    • Which is Better? Renting or Buying?

      By Chad Marquez | 0 comment

      Buying a home may or may not be right for you, just as renting an apartment may or may not be right for you. However, on a general level, you may be likely to hearRead more

    • Carpet Diem! 4 Ways to Preserve the Life of your Carpet

      By bwprentals | 0 comment

      You can almost figure that the carpet in an apartment unit will probably have to be replaced long before the Style Police make a call.  Picture walking into a recently vacated unit and seeing aRead more

    • Top 10 Questions To Ask During An Open House

      By bwprentals | 0 comment

      Be prepared with this list of must-asks while touring open houses. For buyers, visiting open houses should be more than just a casual walk-through of the home, with commentary on the paint colors (remember, youRead more

    • 8 Spring Cleaning Tips to Get It Done Faster

      By Chad Marquez | 0 comment

      Ready to give your home a top-to-bottom buffing? Focusing on furnishings, appliances, and carpeting. Once you’ve covered these major tasks, you’ll have your home spring-cleaned in no time. For more information, you can check thatRead more

    • Spring Forward: 8 Smart Tasks To Do Every Daylight Savings Day

      By bwprentals | 0 comment

      It’s almost time to move the clocks ahead an hour. But that’s not the only thing you should be doing on March 13 Daylight savings time rolls around twice a year for most of theRead more

    • Bedroom Blueprint: 5 Styling Solutions for a Small Space

      By bwprentals | 0 comment

      Don’t let a cramped bedroom make mornings and evenings the worst parts of your day. Your bedroom sets the tone for a good night’s sleep — and a good morning too. A chaotic mess ofRead more

    • Top 10 Questions To Ask During An Open House

      By bwprentals | 0 comment

      Be prepared with this list of must-asks while touring open houses. For buyers, visiting open houses should be more than just a casual walk-through of the home, with commentary on the paint colors (remember, youRead more

    Leave a Comment

    Cancel reply

    You must be logged in to post a comment.

    NextPrevious

    Quick Links

    • Pay Rent Online
    • Online Application
    • How to Qualify
    • Give Us Feedback
    • Privacy Policy
      Boardwalk

         
    •  13894 S Bangerter Parkway suite 200
           Draper, UT 84020
    • (801) 748-1044
    • info@rentfromboardwalk.com

    About Us

    We are a team of property management professionals throughout Greater Wasatch Front Area, that assist property owners and tenants find the best home rental experiences possible.

    Useful Links

    • Pay Rent Online
    • Rentals
    • Pay Application Fee
    • How to Qualify
    • Give Us Feedback
    • Privacy Policy
    • Terms and Conditions
    Copyright © 2024 Boardwalk Realty & Management.
    • Search Homes
      • Rentals
      • For Sale
    • Tenants
      • Tenant Portal
      • Pay Rent Online
      • Renters Insurance
      • How to Qualify
      • Utilities
      • Download the Tenant App
      • Boardwalk Benefit Package
      • Tenant2Buyer Program
      • Credit Reporting
      • Pet Application
      • restricted dogs
    • Property Owners
      • Owner Portal
      • Sell a Rental
      • Pricing
      • Full Property Management
      • Landlord Rescue
      • Association Management
      • Commercial Management
      • Brokerage Real Estate
      • Pricing
    • Investors
      • Investor Newsletter
    • Maintenance
      • Maintenance
      • Utilities
      • Vendors
      • Preferred Vendors
    • Contact Us
      • Meet Our Team
      • Culture & DNA
      • Give a Referral
      • Testimonials
      • Careers
      • Contests
      • Boardwalk Cares
    Boardwalk Property Management