Sancho... The "Handyman & his findings." This seller refuses to disclose...

Real Estate Agent with RE/MAX Compass 0524642

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? 

Posted by
Greg Nino
RE/MAX Compass 
Direct & Text 7 days a wk: 832-298-8555 
Realtor since 2004
Mediator & Arbitrator for the TX Assoc. of Realtors
Member of the Professional Standards Committee for the TX Assoc. of Realtors
Arbitrator for the Comptroller's office for the State of TX for Arbitration of Property Tax Values

 Member of the RE/MAX Hall of Fame & Platinum Club


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Comments (7)

Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Since there is a pretty significant difference between a secondary drain and a gutter, failing to disclose this seems to be a material fact on the condition of the air conditioning system. Regarding divorce attorneys--no, never mind.

Mar 04, 2016 12:02 PM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

OMIGOSH, it doesn't matter WHO discovered it . . . my neighbor could come over and tell me something I didn't know.  The point is . . . NOW we know that Betty knows, Lucy knows and Larry knows.  HOW they KNOWS doesn't matter, they know and they are all conspiring to conceal a material defect.  Great group of honest people there.  {rolling eyes}

Mar 06, 2016 05:36 AM
Judith Sinnard
SMARTePLANS; Houston, Texas - Houston, TX

Soooo while Sancho suggested having a tech check out the A/C (more then likely to be sure the drip pan is not overflowing)  the best Betty can muster is to talk to her sister and divorce attorney instead --- neither one of whom are likely to do a prairie-dog pop-up into the attic and eyeball the drain pan under the unit? Okay.....

Mar 24, 2016 08:34 AM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

It's pretty easy to tell when somebody might be hiding something. Again, a person just has to be very careful

Mar 24, 2016 04:45 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

I agree with your Idea that data can be broken down more simply. Generally, I think this is a big piece of the puzzle!

Mar 24, 2016 04:47 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Please forgive any typos. I'm on a cell phone. Love and light and all the best to you! Have a wonderful holiday as well

Mar 24, 2016 04:50 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

So far all the other comments seem to fit what I'm thinking they should. I hope that sentence makes sense.

Mar 24, 2016 04:55 PM