The Mercury News

Open house visitor makes waves with device reading, but home nurtured a healthy family tree

- By Pat Kapowich

Q: Our parents are selling the home they built in 1958. While both are in good health, we have a sibling who still lives in the town and is handling the sale. During the open house last weekend, our seller’s broker was confronted on the front lawn as she was talking to homebuyers about the neighborho­od. The person who approached her turned out to be a Silicon Valley engineer. This open house visitor had already toured the house with a handheld device testing for electrical waves. He was asking our seller’s broker why is there a higher electromag­netic field in the master bedroom ceiling. When our seller’s broker asked for clarificat­ion of his question, this off-duty engineer pulled out a hand-held device used for testing electromag­netic fields. The startled homebuyers who were interested in our parents’ home understand­ably abruptly ended their visit. The entire family did homework on this topic, and we collective­ly decided it is junk science. Our parents started a healthy and happy family tree from that home. Do we have to report or disclose this seemingly junk science that took place during this kooky visit? And how is it legal that a stranger can conduct experiment­s at someone else’s house?

A: Over the years, I’ve been surprised by open house visitors recording with camcorders, then smartphone­s, and most recently Facetiming with earphones. Less than 1 percent of open house visitors will ask permission. These open house guests act like a TV crew as they go property to property. The open house host must inform these amateur videograph­ers to stop, which will create tension and kill any prospects of a sale. Nowadays, there are dozens of online photos of almost every property. According to one real estate attorney, open house visitors can take pictures, as well as a test for electrical fields until someone objects. All real estate attorneys agree it is best to over-disclosure than to under-disclosure. Get the light fixture checked out in the master bedroom ceiling by a licensed electricia­n. Your seller’s broker can provide disclosure in her paperwork not only about the kooky visit, but that the family home also produced a healthy family tree.

Have a question? Know someone who is thinking of moving? Realtor Pat Kapowich provides turnkey services including relocation, staging, market analysis and strategic planning. 408-245-7700 or Pat@ Siliconval­leybroker.com. Broker License 00979413.

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