Sancho has serviced Betty's lawn, garden and handyman needs for several years. By all accounts, Sancho is the "go to guy" for all of Betty's honey do lists. One day while Sancho was pruning the fruit trees in Betty's backyard something unusual was observed in his peripheral vision. Sancho noticed water dripping from the air-conditions secondary drain line. As you might imagine, Sancho rushed to the imain house & quickly alerted Betty that she ought to contact an HVAC Technician to "check out the a/c."
So you know, Sancho isn't licensed in anything, but to drive. And even that is a topic of discussion with some of the nosy neighbors. While dedicated and hardworking, Sancho typically relies on his "gut" and decades of experience to "fix things" for many of his customers.
Sancho is handyman. Glorified. At best.
Betty is a palm reader and by no accounts savvy about the "air-condition" business. In fact, Betty was so bothered by Sancho's apparent discovery that she questioned herself whether it was a disclosable item on the Sellers Disclosure when she went to sell her home...
You see, Betty had her home on the market with her sister, Lucy Bookmark, a Texas Realtor. When Betty contacted Lucy, Lucy said to her.... "well, if Sancho isn't an HVAC Technician how in the Sam Hell is he knowledgeable enough to differentiate an air condition problem with a leaky gutter!"
Not convinced by her sisters demeanor, Betty contacted her divorce attorney for further advice. As expected, Lawyer Larry exclaimed, "Betty, are you a licensed air condition professional?" When Betty chuckled and said, "no." Larry leaned back in his chair and confidently said... "Then don't worry about it!."
So here's the question...
Should Betty disclose what Sancho has revealed in his non-professional findings? Or should Betty wait until a buyer discovers the "leaky a/c" before disclosing that the guy who fertilizes her veggie garden might have some insight to the matter?
What is full disclosure and what isn't? Moreover, should a seller rely on a divorce atty for real estate advice?
