Monday, April 30, 2018

Disclosures Sellers Don't Have to Make...

Do you have to disclose that a house is haunted?

Since disclosures are one of the most important topics to address for sellers who sell their home, this is a subject certainly worth talking about.  A good rule of thumb is typically: if you wonder if you have to disclose something about your property, usually the answer is a resounding "YES".

With this in mind, I found this article from the Law Offices of Peter Brewer most interesting.  It details a few (rare) items that sellers do not have to disclose.
Arguably, the fact that one does not have to disclose does not necessarily mean they should not disclose, and in all cases it is always advisable to ask a qualified California Licensed Real Estate Attorney whether to disclose a specific item if you really are wondering about it - if you sell in California.
Although Realtors cannot advise on legal matters, they will usually tell you that it is best to disclose if you are in doubt (with a few exceptions) - and this is where the above article, written by attorneys, comes in as most interesting.

Most real estate lawsuits stem from sellers' or agents' disclosures or I should say: "lack of disclosures".

Marketing your property is certainly a very important aspect of selling a property, but working on preparing good disclosures when you sell your home is in my opinion by far the most important thing to do, and the wrong guidance on this matter could cost you a lot. I think it is the most important criterion in choosing your Realtor to sell your California property.

Thank you for reading!

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