Lack of enough disclosures alarms homebuyer under contract
Nov 11, 2023Marketwise column for the Bay Area News Group and its flagships The Mercury News and East Bay Times
Published: November 11, 2022
By Pat Kapowich
Question: We just bought a Bay Area house. It sits on an oversized lot. Lush foliage fills the grounds. My father-in-law was not impressed. He asked about the water bill. He made a good point. Drought and water rationing are part of California living. The cost of keeping the grounds could be a budget buster.
Recently, we requested the water bill. The seller’s agent did not respond. We found this odd. Later, we drove by the house. A neighbor was watering an equally large lot. We stopped and introduced ourselves. We learned that the neighborhood has city water pipes. That made sense. But the neighbor told us there is well water. Nearby homes have a well-water pipe to an underground spring dating back to the 1940s and 1950s. Then he added, “We are not supposed to use it.”
You often write about presale inspection disclosure packages, especially on the San Francisco Peninsula. The disclosures are sparse. My father-in-law noted no mention of a well — or well water. We are wondering what else the seller and seller’s agent neglected to show in their so-called disclosures.
We bought without contingencies. Interestingly, our buyer’s agent said we would “not order buyer inspections.” It is an “as-is sale” Plus, “We do not need inspections.”
Answer: Real estate attorneys remind us that homebuyers can inspect a property regardless of price, terms or conditions. Full stop. In California, Realtors and their clients use preprinted forms. Form committees — making up real estate brokers, managers, agents and attorneys — often update these forms. They meet bimonthly. The goal is to share expertise to help agents and clients navigate disclosure challenges. The PRDS Form Committee produces the superb forms primarily used by agents on the San Francisco Peninsula. But it is not a rule. A seller’s agent from the East Bay or San Francisco might use forms from their region.
Your buyer’s agent could email the seller’s agent and their supervising sales manager with questions and requests. You have a right to full disclosure, regardless of the form brand. Include two outstanding PRDS forms:
First, send the stellar PRDS Seller Advisory Regarding Completing the Real Estate Transfer Disclosure Statement and Other Seller Disclosures Forms (Form PRDS SARC Rev. 12/22)
Attach a note referencing page three of the last section, titled “Final Suggestions” in the third bullet: “If any disclosure that you have made becomes inadequate, incomplete, inaccurate or changes over time, you should update and correct your Disclosures Forms in a timely fashion.”
Second, include the 15-page preeminent PRDS Supplemental Seller Checklist (Form PRDS SSC Rev. 11/22). Reference Part 1. Definition of Terms: “Disclosure,” “Reports,” “Documents” “Work,” and “Maintenance” or “Maintain” is defined in a stand-alone manner of clarity.
Indicate you want the sellers to refresh their memories using dozens of questions in the following section:
Part 2: Disclosures and Reports (please refer to Definitions/Reports in Part 1)
Part 3: Alterations, Improvements, Modifications, Additions, Corrections and/or Repairs (“Work”) (please refer to Definition of Work in Part 1)
Part 4: Maintenance (please refer to Definitions of Maintenance/Maintain in Part 1)
Home sellers and their agents should welcome another opportunity to disclose fully. But that is rare. They might feel implementing unsurpassed home-seller disclosures as their foe. Unbeknownst to them, it is their best friend.
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. Kapowich instills confidence when buying, selling, relocating or resizing homes. Do not just make a move — make the best move. Contact him today, Realtor Pat Kapowich, a career-long consumer-protection advocate.
Office: 408-245-7700; SiliconValleyBroker.com
[email protected] Broker# 00979413
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