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Selling your L.A. Home? If in Doubt Disclose Everything

By
Real Estate Broker/Owner with Home Jane Realty BRE# 01439865

When selling your Los Angeles home you are going to be faced with the responsibility of disclosing everything you know about your property. There is no question that you can hide certain matters for fear that it will affect the sale in some way. All will out in the end and you do not want to go through escrow and have the buyer walk, or worst case have to deal with a lawsuit.

As a seller you will be required to fill out various documents a couple of which will ask you specific questions, the TransferIf in doubt disclose everything Disclosure Statement (TDS), which is always required, and possibly the Seller Property Questionnaire (SPQ) often requested.

The TDS is less extensive, with 16 basic questions, and the SPQ has around 51 questions which covers almost anything that needs to be addressed with plenty of room for expanding should there be anything to disclose.

These are three key issues to think about as noted on the SPQ:

  1. “…tell the buyer about known material or significant items affecting the value or desirability of the property and help to eliminate misunderstandings about the condition of the property”
  2. “Something that you do not consider material or significant may be perceived differently by a buyer”
  3. “Think about what you would want to know if you were buying the property today”

You are not expected to disclose what you don’t know, but if you have any doubt whatsoever about mentioning something then for sure you should.

  • There may have been a leak in the bathroom several years ago which was fixed. Disclose and explain.
  • Do you hear freeway noise but it doesn’t bother you? Disclose
  • Did you hear of a proposed assessment on your condominium dues but are not sure if it is going to happen? Disclose and explain
  • Is something on your property not permitted. Definitely disclose. If you are not sure disclose and explain.

You get the idea. Even if you are unsure you will be protected if you Disclose, Disclose, Disclose.

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Comments(13)

Norma Toering Broker for Palos Verdes and Beach Cities
Charlemagne International Properties - Rancho Palos Verdes, CA
Palos Verdes Luxury Homes in L.A.

Jane - I always tell sellers if there is something they don't want to disclose--do it anyway if they want to stay out of court.  In my opinion, it is better to tell too much than not enough.

Dec 04, 2013 05:42 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Norma,  absolutely.  You can never get in trouble that way.

Dec 04, 2013 06:18 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

A lot of sellers don't take the disclosure route.  It always comes back to bite them.  Better be up front.   When my clients have a fully disclosure, they feel very good about the honesty!

Dec 04, 2013 09:03 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Carla, that stands to reason.

Dec 04, 2013 10:21 AM
Broker Patty Da Silva Da Silva
Green Realty Properties® - 954-667-7253 - Cooper City, FL
Top Listing Broker

It would make the seller feel guilt free too. And to disclose eveything and have a buyer still, rewarding.

Dec 05, 2013 03:21 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Patty, it is a win-win situation

Dec 05, 2013 04:53 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Great post Jane! Honest dealing and full disclosure is paramount- the seller is the one (the only one) that knows the property and knows most of the answers to those questions.

I know a seller who answered: "Yes, the thingamagig is in working order" on the disclosure form;  then when the thing didn't work during inspection she exclaimed "I never even used the thingamagig"  and later she said,  "the last time I used the thingamagig, it worked fine" ...well, which is it??!!!  You're right- it will all come out in the end anyway, so just be honest and disclose.

Dec 05, 2013 01:45 PM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Jane - Absolutely, I advise sellers to disclose everything they know and if they are unsure leave it blank.

Dec 06, 2013 08:51 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Mary,  ouch. That's a perfect example.

Michelle,  good advice.

Dec 06, 2013 09:29 AM
Catherine Ulrey
Keller Williams Capital City - Salem, OR
Equestrian and Acreage Property Specialist

Great advise, Jane.  When in doubt, disclose.

Dec 08, 2013 07:29 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Catherine, indeed :)

Dec 08, 2013 09:45 AM
Hella Mitschke Rothwell
(831) 626-4000 - Honolulu, HI
Hawaii & California Real Estate Broker

Jane: And we, the agents, also have to disclose, not only what we KNOW, but what we reasonably SHOULD HAVE KNOWN. Even if our client tells us NOT TO.

Dec 09, 2013 10:20 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Hella, that is good advice. We are responsible for anything we may know. We can't be faulted by over-disclosing.

Dec 10, 2013 09:01 AM