I have seen where senators have bought land knowing they would put a highway in and greatly increase the land in a short time. The buyer did not disclose this to the seller. So why would a seller disclose something similar to the buyer?

To be blunt. A road, a highway, a sewer project, an airport are NOT part of the property. If it is not done yet but only proposed it might not happen. Change happens. If a seller disclosed something unpleasant that *might* (or might not) happen in the future that devalues the value of their property would it make sense?

Due to a down economy many projects that should have been done years ago have been put on hold. They may never actually be done. Would you report something that may or may not happen? Add the fact that you do not pay attention to such things and you see the problem in asking about this area.

Hi Ted,

In general, the best approach for sellers & their list agent is to disclose, disclose, disclose & for buyers and their Realtor: research, research, research.

When I’m working with buyers, whether in S.F. or on the Peninsula, I make it a habit to go door to door to meet neighbors since they are a great source of information. They really know the nuances of a neighborhood and community, sometimes more so than the seller & their Realtor, especially if that neighbor happens to work from home or is perhaps 2nd and 3rd generation residents.

Sellers are required to appropriately disclose known details of a property & this is where an experienced Realtor will come in as far as providing appropriate forms and knowledge of the area.

The seller required disclosure questions are very thorough but some details may not be covered in the questions or may inadvertently be overlooked by the seller especially if they’ve lived at a property for 20+ years and may feel that some details would not be a concern to a buyer. Responsibility to thoroughly disclose is on both the Realtor and the seller.

Every community has their own set of point of sale disclosures/inspections. For example, Burlingame requires sellers to have a sewer lateral inspection. An inspection I recommend for my buyer clients is a tank inspection which is not a mandatory seller inspection. Older properties in Burlingame (& on the Peninsula in general) pre-1950’s can have underground fuel storage tanks (UST’s) which are incredibly expensive to remove under today’s environmental laws/regulations, more so if there has been soil and water contamination resulting from leftover UST product. An UST inspection is a relatively inexpensive ~$125.00.

Recently, the local board implemented a recommended disclosure for properties located near the Peninsula Avenue overpass. This overpass has been under construction & is being widened from an original 2 lanes to 4 lanes. Construction may be completed sometime in 2010-2011.

As to your question of the high speed rail, there is a PRDS (these are Peninsula specific forms) disclosure for the high speed rail. If you have concerns about the rail, there are websites that you can go to for further details.

There are many areas that Realtors are not experts in or trained in & as such we are not allowed to give legal, tax or construction advice, to name a few fields. But an experienced agent will have the contacts or knowledge as to where a client can get further information. Their client can then decide based on the information available if they are comfortable in moving forward with a specific property.

Below is a link for e-news sign up from the City of Burlingame. A great source of information about the latest happenings and events.

https://www.burlingame.org/Index.aspx?page=21

If you do end up as a property owner in Burlingame, I can’t say enough great things about this town. This is one of my favorite Peninsula communities, with a nice downtown choice between Burlingame Avenue and Broadway; the schools are highly rated; the weather is phenomenal (typically 10-20 degrees warmer than S.F.); when there is fog, it burns off by mid-morning; great access to water sports, golfing, the coast, SFO and Silicon Valley.

This city transplant is a convert and plans on staying for a while!

Best wishes,


Cheryl Bower, Realtor , GRI, ABR
Cell 415.999.3450
Zephyr Real Estate
Cheryl@cbower.com http://www.cbower.com
DRE#: 01505551

Hi Ted
In the City of burlingame, we have approved projects in planning for a bicycle lane which is to start in November, road resurfurcing was just completed, sewer main upgrades was completed, currently working on La Mesa water main upgrades and Burlingame Grove and Village water main upgrades to start next. These upgrades do impact traffic temporarily, however are improvements to the city. Next in line is the storm drain upgrades and those should start in mid 2010. I have lived and worked in the Burlingame area and go to many of the city council meetings. This information is available by going to city hall public works department. All known information is a material fact and should be disclosed, that is why it is so important to work with an agent who specializes in the 94010 zip code. Feel free to call me if you have any other questions.

Good luck!
denise laugesen
650-465-5742

Cashin Company
#1 Top Producing Agent
Denise Laugesen
Direct Line: 650-403-6225
Email: deniselaugesen@comcast.net
Web: http://www.deniselaugesenteam.com

Hi Ted,

Mind you I am not an attorney and this information is deemed reliable but not guaranteed. Realtors and Sellers are required to disclose any material fact that affects the desirability and/or value of the property. They are limited by statute, to just defects on the property.

However, on the Peninsula most major brokerages use a disclosure statement specifically regarding California's upcoming High Speed Rail System.

To my understanding, there is not time factor for disclosure.

One of the benefits to using an experienced Realtor at a respected brokerage is that he/she would help you better understand the disclosure documents as they are presented.

Brendan Aiello – Cashin Company Realtors
DRE # 01860602
AielloB@gmail.com
(650) 403-6262
Twitter: @BrendanAiello
http://www.BrendanAiello.com

Hi Ted, Realtors have a duty to disclose any known material facts that might influence one's desire to purchase a property - period. However, it is not a Realtor's responsibility to expansively investigate all possible and potential facts about a property.

Best, Steve