The Mercury News

Can a seller avoid a disclosure form because of preference for ‘As-Is’ sale?

- By Pat Kapowich Buying or selling real estate? Realtor Pat Kapowich provides turnkey services including relocation, staging, market analysis and strategic planning. 408-245-7700 or Pat@ SiliconVal­leyBroker.com

Editor’s note: This is a response to the MarketWise column published on Sunday, November 19, 2017, with the headline “Can a request to fill out a 15-page questionna­ire lead sellers ‘to jump ship’?

Q: Hi Pat: It has been 25 years since I last sold or bought a house, and I don’t like the idea of a real estate disclosure form. I prefer “As-Is” (which is how I bought this home originally). Is it possible to avoid it as a condition of sale?

A: No. Nor should you. Agents, buyers and sellers often conflate the issues. “As-Is” and seller’s disclosure­s are completely different concerns. “As-Is” sales, i.e., sold in its present condition, became popular during the dot-com craze. So much so, “As-Is” became a common option. Before that, in Silicon Valley, the makers of the local purchase contract felt there should be a minimum standard at which a residentia­l property should be bought and sold — such as watertight roofs, no cracked chimneys, et cetera.

Is selling your property in its present condition easily obtainable? You bet. A siamese cat could sell your property “As-Is.” If you were able to sell your home without disclosure­s, and in its present condition, would you leave big “money on the table”? Absolutely.

It was about 25 years ago when I attended a Risk-Management Forum at a convention for the California Associatio­n of Realtors. Agents were asked to voice their opinions at microphone stands in favor or opposed to the creation of an additional statewide seller questionna­ire. The line of agents against the formation of this supplement seller questionna­ire was a constant rotation of 15 to 20 licensees long. One of the first to speak to the panel proclaimed, “If we tell the buyers everything we know about the property, they won’t buy it.” His comment was then, as it is now, nonsensica­l flackery. There was one agent to none at the mic in the affirmativ­e. Thankfully, the panel was mostly real estate attorneys and realty office managers. They knew better. Full disclosure gets sellers more offers, more money and dramatical­ly less post-closing litigation. So, over-disclose and pad your retirement account, not your real estate attorney’s.

 ??  ??

Newspapers in English

Newspapers from United States