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The Seller Knew About It and Didn't Tell Me Applies to Short Sales As Well

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

There is an upside to buying a short sale. There are many upsides and benefits to short sales when you stop to think about it and stop focusing on how long it takes to get the danged approval. One of those benefits is seller disclosure. You don't get a seller disclosure when you buy a bank-owned home. Well, you do, but it's stamped EXEMPT all over it.

I tell my short sale sellers to fully disclose. Don't ever be afraid to disclose. Sometimes, sellers worry that buyers won't want to buy their home if they tell them the truth. But that's an unfair assumption. Besides, disclosing a material fact is the law. Buyers don't care what you tell them as long as you tell them. Half of them don't even read the disclosures. I ask my sellers if they remember signing their disclosures 4, 5 years ago. The answer is no, they don't. But they did receive and sign seller disclosures prior to closing.

There are a few guidelines to seller disclosures. First, don't get wordy; be brief. Don't write four pages of stuff that you think might happen some day. Second, stick to the facts. You don't know that your next-door neighbor is dealing drugs unless you've seen him do it. Did you buy any drugs from him? Did you see anybody buy drugs from him? Or did you just hear a car late one night idling in front of his home and jump to conclusions?

Of course, in California we've got pot dispensaries. If there is a pot dispensary in your neighborhood, my suggestion is that you disclose it. You might say the Official Medical Wellness Center, or whatever it is called, is located two blocks away. You probably would not want to say it is a pot dispensary that attracts long-haired pinko commie fags and the Feds are trying to shut it down. Let the buyers investigate. I'm telling you buyers don't care what you say. Just put them on notice.

Third, disclose the obvious. A seller might say there is a school located across the street. You'd think that is obvious because you can see the school from the front door, but no. A buyer could say, "Hey, man, I was there only once, and I was texting when I got out of my agent's car -- never saw it." Lots of buyers stumble around with their heads down and thumbs flying.

Bottom line is sometime in the next 5 years, something will go wrong in your house. And when it does, the first place a buyer will jump is THE SELLER KNEW ABOUT IT AND DIDN'T TELL ME. It's just a natural progression of life, the way things are. This is when we pull out the seller disclosures and point out that we fully disclosed everything to the buyer.

If you need further proof, just look at that fiasco of the snake-infested house in Idaho. Those buyers signed disclosures that revealed they were buying a snake-infested house. You might ask yourself who would buy a house that is crawling with hundreds of snakes? You'd be surprised what buyers will buy. One buyer's nightmare is another buyer's dream home. Disclose.

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Weintraub and Wallace Realtors

 

 

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(35)

Anthony Daniels
Coldwell Banker - San Francisco, CA
SF Bay Area REO Specialist

Good stuff about short sales.

Thanks for sharing it.

BTW, cool penguin.

Oct 29, 2011 04:54 PM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Good advice about never being afraid to disclose. I always like the devil you know.      

Oct 29, 2011 05:14 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Elizabeth, those people in Idaho! What a nightmare! That is the best part of buying a short sale vs. bank-owned, the seller has to provide disclosures.

Oct 29, 2011 05:17 PM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

In Maryland, sellers have the option to "disclose" or to "disclaim" - and it seems like most sellers opt to disclaim.  Just for the record, buyers prefer disclosures!

Oct 29, 2011 05:26 PM
George Bennett
Inactive - Port Orford, OR
Inactive Principal Broker, GRI

Great post. Great advice. Great comment stream. In our area most of our buyers are older and have purchased homes before. Nearly all of them read every word of every sentence in the Seller's Disclosure. Now when it comes to Home Warrantee Policies they read them but most of them don't understand them or the limited benefits they provide.

Oct 29, 2011 05:45 PM
Steve Warrene
Your Town Realty - Lower Burrell, PA
Pittsburgh Realtor North and East Pgh.

Sellers ask this all the time "What should I put here?" on the seller disclosure.   I always tell them to put the truth.  Sometimes I get "But...".  That's when I have to tell them that it's better to disclose it now to the buyers than later to the judge.  It gets the point across.

Oct 29, 2011 11:33 PM
Dawn Maloney
RE/MAX Trinity Northeast Ohio Real Estate Specialist - Hudson, OH
330-990-4236 Hudson & Northeastern Ohio

The snake house would be a good subject for a Halloween blog...eek! I never thought about the school disclosure, that is going in the mental file. You are so right...stuff can be right under the buyer's nose, so to speak, and they will truly miss it. Sellers need to disclose to protect themselves.

Oct 30, 2011 01:35 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

All buyers just need to have inspections done. Never take the seller's word for it. It's quite common for a seller to just conveniently forget things about their property.

Living next door to a "Official Medical Wellness Center" could be a HUGE selling point. To be "blunt".

Oct 30, 2011 01:56 AM
Keith Lawrence
Christie's International - Mahwah, NJ
ABR, SFR

Good post.

 

Seller's disclosures are a good thing with any sale including short sales. 

Oct 30, 2011 02:17 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I'm laughing at Bryant's comment.

Those sellers that don't disclose thinking that no one will know, a little conversation with the neighbors normally turns up all sorts of truths.  Could come back and bite them big time in the future.

Oct 30, 2011 02:24 AM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

In NYS we give the sellers a disclosure form to "work on" with their attorneys.  They are required to disclose, but the penalty for not disclosing is $500.00 so nobody in our area does pretty much.... it leaves them wide open to all kinds of litigation. $500 is cheap to avoid that... Different areas of the state have a different take on this, but i never see anyone fill it out.... but its the attorneys that advise their clients.. NOT the realtors.. I'm glad as i don't want any extra liability on that one!! Half the time people have no idea what they are saying or not saying on the property.

Oct 30, 2011 02:46 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

What an amazing difference in standard practices there are across the country. California is a buyer friendly state. There are many laws on the California books that are designed to protect consumers and real estate buyers are consumers.

Sellers, whether short sale or not, are always counseled to provide information that they would want to know if they were the buyers. That still leaves a lot open to interpretation but it is a starting point. I ask my clients if they would rather disclose an issue with the house and risk the buyer cancelling or if they would rather face the disgruntled, angry, vengeful buyer later on in court after they have discovered the issue the hard way.

Oct 30, 2011 05:56 AM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

Comment #26 explained exactly what we do in New York. Attorneys advise their clients to pay $500.00 rather than disclose stuff they may end up getting sued over down the line. Just about everyone chooses to pay and we get away cheap.

Oct 30, 2011 07:03 AM
Nathan Tutas
Tutas Towne Realty, Inc. - Davenport, FL
Your Central Florida Real Estate Expert

Most of the seller disclosures I see in our area really don't do their job very well anyway. I always, always, always advise buyers to have an inspection done. I have them sign an addendum where I give them that advice in writing and then I keep the inspection report as well as the disclosure signed by the buyer. Can't be too careful.

Oct 30, 2011 08:20 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

#23 BB -- You crack me up!!! True story, yesterday a client called me to say she had a delicate question to ask. I hoped to God it wasn't where did she lose her diaphragm, but no, it was she found that one of her neighbors or somebody she didn't know had snuck into her garage and left some pot plants in the garage. She wanted to know what she should do with them since the buyer was coming over in the morning to make repairs. I told her I would be right over. Dead silence. She didn't get my joke. So I told her to throw them in the trash. Then I told the buyer where they were just in case.

#26 Janis and #28 Jill: Why would a lawyer tell a seller to withhold a disclosure in a state in which a seller is required to disclose? What am I missing? It would seem that it would be better to get things out in the open than to be served a notice to appear in court because a buyer sued. I don't understand the $500 penalty bringing relief.

Oct 30, 2011 08:33 AM
Former Agent
None - Adak, AK

Disclose, disclose, disclose!!  The penalties for failing to disclose a material fact far out-weigh the potential gain a Seller might get from selling without proper disclosure.

Oct 30, 2011 08:59 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

So, in New York, you can have a “get out of jail not quite free card” for $500.

I am sure that I am not the only one who finds this laughable, but that is probably because of lack of the totality of the issue surrounding seller disclosure in New York.

Oct 30, 2011 09:22 AM
Maggie Finegan
Keller Williams Preferred Realty - Chicago, IL

Congrats on the featured Elizabeth!  A timely post for those who really don't understand about disclosure whether traditional or short sale, the bottom is, it's just best to tell the truth.

Oct 30, 2011 09:42 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Elizabeth:

In California, as you well know, we are a litigious society.  I counsel my sellers that they must disclose every thing they know about their house.  Otherwise, the buyer will discover the problem and sue the seller.

Oct 30, 2011 11:31 AM
Jack O'Neal
HomeSmart Elite Group - Gilbert, AZ
Let's sue maybe they will settle out of court
Nov 01, 2011 05:28 PM