Whenever I look at a potential listing, the subject of paint is sure to come up. Either the homeowner has already painted, and the walls are fresh ready to go, or I make the suggestion that a fresh coat of paint will do wonders in making the home feel new. Recently, I walked-through a potential new listing and made the suggestion that a few rooms needed painting, along with the basement. The rest of the home looked updated and beautiful- shouldn't the basement look great too?

There is an ethical issue that comes into play where painting is concerned. There is a difference in painting a surface that has just lost its luster, as opposed to painting to conceal what we do not want others to see. Concealment is intentional misrepresentation- otherwise known as fraud. We must avoid even the appearance of fraud in any transaction, so what is the right thing to do? Although I am not an attorney, here are some suggestions that might be helpful to avoid the appearance of fraud where paint is concerned. They are solely based on my opinion and experiences as an agent:

1. Paint over surfaces that are dull, dingy, or those that are not neutrally-colored after any prep work has been done.

2. Do all necessary painting prior to putting a home on the market if possible. That way, all loose ends are tied up, and buyers will not wonder if something happened to the property that necessitated new paint after the house was on the market.

3. Always paint after repairs are made. Do not paint over a surface just to cover it up. Have the issue repaired and resolved, then be sure to have any damage repaired as well. Leaving damage from a previous issue that has been fixed will give a buyer the impression that the problem is still ongoing, while painting before an issue has been fixed gives the impression that there is nothing wrong.

4. If a stain appears in the ceiling, basement, etc. after new paint has been applied, have the issue address immediately as opposed to just a touch-up. A stain is an indication that something is wrong, and needs to be addressed. Continuing to mask the problem is considered fraudulent behavior when one is selling a home.

Paint goes a long way in making your home look its best, but never paint over an ongoing issue. Once resolved, commence with the painting plans! Always remember to consult your attorney for advice when in doubt about any legal issue such as intentional misrepresentation.

Dawn Isenhower
Realtor

Sibcy Cline Realtors
Milford Office
disenhower@sibcycline.com
office: 513-248-0800
cell: 513-236-1254
fax: 513-878-2211
www.dawnisenhower.com