Last year I was selling a condo for a Client who had lived in it for over 30 years. Knowing the rule about "disclose, disclose, disclose," I picked his brain to try to find out everything he could remember about living there for 30 years, and I was successful at helping him remember a lot of stuff. Unfortunately, he didn't remember the "little leak" in the bathroom of the unit above his. When the buyers went to remove the popcorn ceiling, they found a little bit of moisture damage in that area. Since they were removing the popcorn for all 1,500 square feet, they just decided to see if my Client would pay for the whole thing since there was a little bit of moisture damage. My Client declined and, sure enough, everyone winds up in a court of law. I'm thinking that disclosure laws should change, though, to, perhaps, something like the following for this case:

There was a little leak in the bathroom of the unit above mine. The water stain was about 3 inches in diameter. They fixed the leak. We painted the ceiling. That was in 1989. There have been no problems since. On the day after you close escrow, it will leak again, mark my words and be forewarned. If you're going to renovate anything in this unit, add 50% to your renovation budget to account for me being 87 and, perhaps, not remembering everything for the past 30 years. Thank you for buying my condo.

 
Post is included in group: Realtors®

10 Comments on Did you put that on the disclosure form? "I didn't think I needed to."

SEP
08
2008
2 Featured Posts

I'm sorry that your now dealing with lawyers and courts. At least you were diligent.

8:49am • #1
100,916 Points

Wow, I probably would not have remembered a small leak I fixed close to 18 years ago!  It is not a new home, these little things will happen.  I feel that suing your seller is taking it a little too far. 

8:50am • #2
239,869 Points 16 Featured Posts Outside Blog

Our sue-happy nation strikes again.  This is sooooo sad and soooo stupid and it bugs me that judges don't dismiss this nonsense for the tripe that it is.  Since when did it become expected that any home be in "new condition?"

I had buyers who bought a 60 year old home and demanded that every tiny flaw be fixed before they closed.  You're not buying a brand new home. Do you expect a used car to have brand new upholstery and carpeting?  Do you demand that every dent and scratch be replaired?  Do you demand a new paint job?

sigh

8:57am • #3

I worked with a guy in the car busieness and he tried exclusively to sell used cars. His standard line was "this is a used car. Not only will it break, it may already be broken. When you drive it off this lot, at some point, be it tomorrow, next week or next year, it is going to break down." He disarmed the customer and sold a lot of used cars. Not that that really works when it comes to homes. You don't really want to send the buyer for new construction if they like your resale.

9:09am • #4

Jim,

Wow! This brings back memories for ME! We had just closed on our first house...I was expecting my second child. I was cooking spaghetti sauce and no sooner did I place the lid on my pan...A LARGE PIECE OF POPCORN CEILING FELL ON MY HEAD! This was just a sign of things to come...

The seller had recently had the ceilings "re-done" and the workers had installed the ceiling drywall panels upside down...so when they sprayed the popcorn...it didn't adhere! We had to do the entire popcorn all over again (this time being sure to add adhesive to the mixture prior to spraying!)

9:15am • #5
275,437 Points 4 Featured Posts Localism Sponsor Outside Blog

For the buyers to sue over a tiny leak in 1989 that caused a three inch stain is preposterous! The fact that they asked the seller to pay to have the entire ceiling done is ridiculous! Their agent should have told them that was far to much to ask. Let them live there for 30 years and see what tiny repairs they forget about.

9:30am • #6
204,670 Points 1 Featured Post Localism Sponsor Outside Blog

Hi Jim,  Your post brings up a good point,  Perhaps this is why we are seeing more listings stating: SOLD AS-IS WITH INSPECTIONS WELCOME.

9:35am • #7
1 Featured Post

Yup, sounds like California.  Is it any wonder that our E&O insurance is so expensive here? ~ Evelyn

9:35am • #8
SEP
27
2008
188,295 Points 2 Featured Posts

I like your original disclosure addendum!  You're right, it could solve a lot of problems in certain situations!  I thnk I'm glad I don't live in california...

2:20am • #9
NOV
09
2008
104,366 Points 2 Featured Posts Localism Sponsor

I spent 5 hours in court on Friday because a Buyer was sueing a Seller over well water issues that appeared several months after closing.   The judge dismissed the case and pretty much advised the Buyer to suck it up and take responsibility for purchasing a 75+ year old home WITHOUT having a home inspection as she was advised.    It was a time waster but boy oh boy was it nice for the good guys to win for once!

I like your disclaimer and will include it in my initial discussions if only to lighten the mood.  Thanks for sharing!

11:08am • #10

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Jim Frimmer, San Diego Mission Valley Realtor

San Diego, CA

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Address: 7000-31 Saranac Street, La Mesa, CA, 91941-3315

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