Disclosure issues make buyers want to know about their rights and protections
Jan 06, 2024Marketwise column for the Bay Area News Group and its flagships The Mercury News and East Bay Times
Published: January 6, 2024
By Pat Kapowich
Question: We are first-time homebuyers riding high from finally closing on our place. But upon reviewing the seller’s disclosures, some glaring inconsistencies have us second-guessing our decision.
Right away, the first page did not mesh with what we were told — items marked “included” were previously disclosed as broken by the seller’s agent. And a bold “no” next to neighborhood noise? It may be technically accurate by the letter of the law, but conveniently ignores the high school’s adjacent stadium.
We understand “as-is.” But these discrepancies feel sneaky rather than transparent. Now we are left worrying: What else is amiss that could ambush us later? Are we being naive first-timers or were essential details omitted?
As new homeowners who are ecstatic to start this chapter, we also feel exposed. Is there any recourse when disclosures seem dubious? Or is this a classic case of buyer’s remorse revealing our naiveté? We would appreciate advice on homebuyer rights and protections after closing.
Answer: I refer to this as “How not to sell a house.” Your real estate agent should return the seller disclosures to the seller’s agent. Note all the known mistakes. Ask for corrections.
Hire a full suite of inspectors: roof, chimney, termite, foundation, sewer lateral line and the whole-house general. It is worth every dollar. Real estate attorneys remind us that homebuyers have a right to inspect purchased properties, regardless of the terms of sale.
Ask for all historical documents about the property: permits, plans, invoices, inspections and reports from the last purchase.
Visit the building department in person or online. Find out if any building permits were issued or left incomplete.
After you have completed the due diligence the sellers and their seller’s agent should have performed, you can navigate a course of action. Take control. Refrain from letting inaction on their part be your navigator. By then, if you are comfortable, move forward and close the sale. If not, consult a real estate attorney. Careless home sellers and their agents often think they are in control. Not so. They lost control: Flawed and misleading disclosures, omissions and wayward statements shifted power to the homebuyers. No wonder home sellers are on the receiving end of most residential real estate legal claims.
Do not look for conflict. Seek the truth. Remember, you will have to sell that home someday. Protect your interests. It is a sloppy home sale. It is up to you to clean up their mess.
Questions? Or are you or someone you know navigating life’s transitions? Let lauded negotiator Pat Kapowich make your next move easy. Visit Kapowich’s website for free area housing data, insights and trends. Or put his artful blend of specialized credentials, decades of experience and endorsed skill set to work for you. Do not just make a move — make the safe move. Contact Pat today. Full-service Realtor Pat Kapowich, a career-long consumer-protection advocate, Certified Residential Real Estate Brokerage Manager and Certified Trust and Probate Specialist
Office: 408-245-7700; [email protected]
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