What? Ya Want My Buyer To Accept Your Seller's Negligence?

By
Real Estate Sales Representative with Kennewick Richland (and West) Pasco WA Homes For Sale

ShockedI was besides myself when the agent representing the seller wanted my buyer to accept negligence in the seller's property disclosure statement (again). You see, in Washington state there is actually a spot in the contract where the buyer can accept (and assume all the liability) all the negligence of the seller in their property disclosure statement. Hmm, this is the quote from the seller's agent:

"Thank you i received the counter. I forgot that you and I had this discussion before. What would you tell your sellers to sign this the way you have countered? If your buyers do their due diligence then why would they be looking to come after the seller indefinitly . Let me know and i will present this to the seller." 

And this is my reply, and again I quote:

"Actually, I'll always recommend my clients not take responsibility for another party's negligence in any shape or form. In principle, I personally would never assume another's negligence. Would I find it acceptable to accept the items listed in a disclosure statement? Yes. Would I find it acceptable to accept negligence in the disclosure statement? No. However, I only represent my buyers, my buyers will make the final call.

For what it is worth, "due diligence" is only limited to what can be seen! -Colleen :-)"

My husband, the former building building contractor, thought a number of reasons not to accept the seller's negligence on a seller's disclosure statement. Let me take one he provided me.

Let's say the seller discloses a room added onto the home, but without the proper permits being drawn from the building department. Ok, I'm good with that. However, what if the seller chose not to use rebar in his concrete, or plastic under the foundation to prevent moisture, etc., both issues next to impossible to inspect or be seen. At least not until the foundation fails. My buyer has some recourse, as I'll always recommend my buyers not accept the negligence of the seller for any reason.


•:*¨¨*:• Colleen Lane •:*¨¨*:•
My ActiveRain Blog / My Localism Blog | ColleenLane.com

The Lane Real Estate Team
I am the Realtor® that makes things move in The Lane Real Estate Team, while my husband Joe is the dude that provides the marketing that gives me the great clients I have. My sole purpose in life is to serve God, family, and clients. Joe's sole purpose in life is to serve God, me, and family (and ski). We have five children, all at home, all ours. We've been happily married for 23 years, and Joe has forgotten the anniversary almost all of those years! We service the Tri Cities Washington real estate market to include Kennewick, Richland, and Pasco, Washington. Oh, our Pasco Wa Riverfront Home is for sale!

Comments (2)

Tony & Darcy Cannon
Aubrey and Associates Realty - Layton, UT
The C Team

Colleen, I am glad that all our buyers sign is that they accepted a copy of the sellers disclosures, they do nothing to release the seller any liability especially for known and non disclosed items.  Good reminder to take care of your client in the transaction!

Jan 13, 2009 11:46 AM
Colleen Lane
Kennewick Richland (and West) Pasco WA Homes For Sale - Kennewick, WA
Realtor(r) 509.438.9344 www.LaneRealEstateTeam.com

Thanks Tony & Darcy.  Hopefully my buyers will not sign such an release.  ;)

Jan 13, 2009 12:14 PM