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Disclose, Disclose, Disclose....Honesty, Honesty, Honesty

By
Real Estate Agent with Karen Parsons-Fiddler, Broker 949-510-2395 BRE# 01494165

"What should I put on the disclosures?"

EVERYTHING, EVERYTHING, EVERYTHING

The dog next door who likes to eat your roses and poop on your lawn. The water hydrant across the street that blows every few years. The leak under your sink and the plugged gas pipe. The green pick up truck that parks in front of your house every Saturday. The "ghost" in the attic. EVERYTHING!!!

Fear prevents honesty! Honesty breeds trust!

Which is worst? Not closing with a buyer afraid of the dog next door? or a lawsuit 3 years later for non-disclosure? And I'm not talking about the fear of being caught or held accountable. It's the law....you must disclose everything you know.

As an agent, I sit with my sellers and we discuss the disclosures in great detail....we try and remember if there was a leaky faucet, or a sprinkler head that gets too much pressure. I suppose my disclosures read like a disaster home....but they are normal items that happen in a home that is lived in and used, the disclosures that reveal NOTHING are the ones which raise the red flag to me.

Be honest and disclose quickly, if this is not the right fit for both buyer and seller....move on!

 

 

Comments(47)

Terry Chenier
Homelife Glenayre Realty - Mission, BC

Karen,

In my area, The Property Disclosure Statement must be complete and turned in with the listing. It's the law.

May 08, 2010 06:54 PM
Joshua Zargari
MJ Decorators Workshop LI staging and home decorating - Lynbrook, NY
MJ Decorators Workshop

With my 30 years of working in people's houses, I can tell you that all houses DO have some defects in them.

Even new houses...

The first year after you buy a house you'll have to spend thousands of dollars to bring the house up to date...

Great post!

 

May 09, 2010 12:31 AM
Richard Strahm
American Foursquare Realty - Lansdale, PA
Lansdale and North Penn Real Estate

I let my sellers know that in the unlikely event that they are going to get sued on a real estate transaction, the Seller's Property Disclosure is going to be the reason why.  If they are 100% open and truthful, they would have nothing to worry about.  "But I fixed it!" is what I always hear.  Fine -- disclosed the previous problem, and the fix you put in place.  Buyers will look at that positively, not negatively!

May 09, 2010 01:10 AM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

You hit the nail on the head Karen. Being truthful now, will save money and lawsuits later.

May 09, 2010 01:17 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Karen, when I was teaching classes students would ask me, "How will I know what to disclose?" My response was always, "When in doubt disclose." Good Post!

May 09, 2010 03:55 AM
Damon Gettier
Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert - Roanoke, VA
Broker/Owner ABRM, GRI, CDPE

Wow!  I am glad I don't sell in CA!  We have to disclose what we (as Listing REALTORS) know within the four corners of the lot.  Anything outside the four corners is for the buyer to figure out.  I think it would be much easier here. 

May 09, 2010 05:52 AM
Carla Dimond
CATARRA - Mountain View, CA
(Silicon Valley)

Kare, good post

May 09, 2010 06:53 AM
Rob D. Shepherd
RETIRED - Florence, OR
RETIRED

You can always count on the neighbors to fill in the blanks when the new buyers show up to move in.

May 09, 2010 09:25 AM
Rob Lang
At Home Kansas - Shawnee, KS
Local Expert in NE Central Kansas Real Estate Home

I'd have a lot to put on my disclosure. 

May 09, 2010 09:54 AM
Michael Thompson
CENTURY 21 Anderson Properties, Inc. - Anderson, SC
MBA

A rule that I work by; when in doubt, disclose it! This gives all parties involved the opportunity to ask questions.

May 09, 2010 01:40 PM
Bill Travis
Captain Bill Realty, LLC - Gilbert, AZ
Broker/Owner

I've heard people say, if you have to ask if it should be disclosed, then disclose it.

May 09, 2010 02:23 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Sweet Karen...I have learned that buyers or renters sue because they don't like surprises.......it is as simple as that. Sometimes I read over my disclosures later on and while they go the distance, you can not ever tell me that I didn't tell you............thank you

May 09, 2010 02:28 PM
Scott Baker
www.eHomeReports.com Coldwell Banker Realty - Liberty Township, OH
Realtor Homes for Sale Cincinnati/Dayton Ohio

I always tell my clients that to disclose is good. Not Bad. A home is like a car, sooner or later you need to replace the tires. Things happen in a home. It is GOOD to show that you have addressed the various issues that need attention during ownership.

May 09, 2010 03:46 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

I'm with you.  I would rather have more disclosure than less.  Not disclosing is where you'll get into trouble.

May 09, 2010 06:19 PM
Rick Schwartz
William Raveis Real Estate - Danbury, CT

It's not even about ethics about morality just pragmatism.

Kind of like lying on a dating website.  If you are short, heavy, tall, thin, bald, have a third eye in the middle of your forehead -  or whatever - don't you think that it's going to be evident when you meet the person in real life? 

May 10, 2010 03:23 AM
Anonymous
Ms Rosie Rodriguez

I am about to write up my first listing and I am so grateful to all of you who responded to Karen's post. This coaching is really good.  I am a Truthteller and I Thank you Karen for sharing the great news of "Honestly", it really is for the good of all and the harm of none.

Making dreams come true....that's what we do!

Have wonderful moments.                                                                                                          msrosie

May 10, 2010 04:14 AM
#44
Halina Kraszewski
RE/MAX Suburban, Mount Prospect, Cook County, IL - Mount Prospect, IL
Polish Speaking Real Estate Broker Agent

#43 Rick: I am still giggling...

Karen: I am with you: Disclose, disclose and disclose!

When in doubt: DISCLOSE and always "cover your butt".

May 10, 2010 04:19 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I think most people can deal with what you tell them, they resent finding things on their own.

May 10, 2010 05:08 AM
Jirius Isaac
Isaac Real Estate &TriStar Mortgage - Kenmore, WA
Real Estate & loans in Kenmore, WA

It is amazing how many sellers are afraid to disclose a problem when they should be afraid not to.

May 10, 2010 06:22 AM
Dinah Stallworth-Lewis
Priority Real Estate LLC - 318.332.8281 - Natchitoches, LA
NATCHITOCHES, LA HOMES FOR SALE

Great post!  Honesty is always the best policy.

May 12, 2010 03:11 PM