Sellers’ lack of clarity not the issue; buyer, agents need to wake up
We closed escrow on a home and are discovering one expense after the other. The agents involved in the sale replied to our complaints that we received all the seller reports and disclosures. They also mentioned they have buyers who have taken on worse items. Then again, the cost of repairs in the general home report was not included. If they were, we would not be in this position. The sellers’ pool, chimney and roof inspectors all wrote out the costs with every suggested repair. No fixed costs were attached to the compressive home inspection, which totaled 101 issues to address now or in the immediate future. The failing metal water pipes servicing the house had one small picture accompanied by two sentences. Repiping with copper is over $12,000. There was nothing noted about the tall redwood tree shaped like a giant tuning fork. The woman next door told us she is fearful the redwood tree will split apart and destroy her house and ours. We brought out a firsttier arborist to look at the redwood tree. He noted all sorts of issues with the tree but stopped short of calling it a hazard. He insists we need a certified arborist. Interesting enough, the real estate agents tasked with writing hazards noted only cosmetic issues to walls, floors and ceilings. Who should share in the cost of these repairs?
That’s a question your real estate attorney should answer. In these cases, the buyer proclaims “had I known, I would not have bought this house.” The sellers declare “it was never a problem for us,” and “it was like that when we bought the house,” or “We would have mentioned it if someone had asked. But no one asked.” In my four years on the Realtor Forms Committee, I watched the Silicon Valley seller questionnaire grow. Reason being, recent buyer claims became new seller questions. Agents have a mandated duty to inspect visually and then disclose hazards in writing to all parties. Suggesting the buyer(s) get inspections or cite cosmetic flaws is glossing over that part of our job as advocates. That’s the agents’ fault. Not having your own set of inspectors is yours.
Full-service Realtor Pat Kapowich provides old-fashioned service within a high-tech world. You can refer Pat to friends, relatives or associates at 408245-7700 or Pat@ SiliconValleyBroker.com