Home Buying in 92833>Question Details

Ghenning, Home Buyer in 93420

Does a listing agent on any home "condo ' have to disclose hardwood floors in above unit. Especially if this unit is the only one out of 50

Asked by Ghenning, 93420 Tue Nov 8, 2011

units? These were brand new condominiums in Arroyo Grande.Realtor made a boo boo when she told upstairs new owners to go ahead and do what you want before an HOA begins and will stop you.. Hardwood are a well known headache to say the least and devalue property instantly, besides cause so much illness due to noise stress.Especially when people upstairs have a grudge..

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Aaron Zapata and Barbara Rounds’ answer
If they have actual knowledge of the fact that they have hard wood floors above them, they should disclose it, especially if it's noisy. Most Condo HOAs require owners get permission before they install hardwood on the second floor. You may want to check with the HOA.
0 votes Thank Flag Link Mon May 21, 2012
Not sure I can go along with the loss of value theory. Personally, every property I've ever sold with hardwood floors sold a lot quicker than those with carpet. Carpet has been taking a back seat to wood, tile, slate, etc. for many years. At least in my geographical sphere of influence.
1 vote Thank Flag Link Fri Nov 11, 2011
0 votes Thank Flag Link Wed Jun 24, 2015
Fellow Brokers - you all are being duped by a crazy woman. Notice she's posted as both nacny (sic) smith and Gail Henning? Her real name is Wilhelmina "Julie" Rodenhuis and there is not a stitch of truth to anything she is saying about any of us. She's been cyber-stalking us like this for years under both her name and variations thereof, and several aliases as she's done here.

The HOA at the complex she's talking about had to get restraining orders on her as she was assaulting other residents, interrupting sales meetings and actually breaking into model units at night and sleeping there. Another client and friend of mine also got restraining orders on her for stalking and threatening.

Last year in an escalated manner of this same pernicious behavior she sprayed a 7 year old girl in the face with weedkiller and was convicted of child abuse. Today (June 24, 2015) in San Luis Obispo Superior Court she was sentenced to 45 days in jail, 4 years formal probation, 1 year child abuse deferment program, restitution, and restraining orders keeping her a minimum of 50 yards from the victim and her family.
0 votes Thank Flag Link Wed Jun 24, 2015
I rented this unit out.. as i could not sell it. I rented to a retired lawyer and do you for one minute think i was not going to disclose hardwood floors to her.Richard? Would you have let her discover all that noise and creepy people on her own.. I would never in my life think to not disclose everything to this lawyer.. She said do not worry. being a lawyer has it's advantages and used her lawyer skills to make neighbors upstairs scared to deaf to make one sound..She had a sore hip and needed a downstairs unit so she could walk right in. She was tough and would not take and noise from them and made sure they would be looking at a law suit if she did. It was perfect... Billie thank you and I will email you.. Even with this lawyer who rented.. She wanted to buy but said even with the noise not as bad as when I was there of course it was still enough for her to play music 24 7 and switch bedrooms.and would not buy.. Due to noise. So it did devalue the property and i was not able to sell it. I will contact you Billie and seek out someone here I can trust. because at this point two realtors after this were called by KW and told them not to bother with me. One I had used on 4 other sales.. So this small town cowered under KW brokerage..sad..
0 votes Thank Flag Link Wed Nov 9, 2011
I would not think an agent would have to disclose hardwood in an upstairs condo.
0 votes Thank Flag Link Wed Nov 9, 2011
Think Again Richard.. You must disclose faukty flooring with no padding after the unit invited the agent up to vie their new flooring they self installed. Even the agents husband said he had never seen such a mess ..and that she should not sell that unit until this is fixed. They removed padding.Brand new units. Only thing we asked.. was if there are going to be hardwood flooring tell us. No she did not until have we bought.She is in a DFEH complaint.. Stupid as they tried to cover this up and Board Of realtors used a lawyer Roy Ogden.. to use illness.. and said agents feared and did not have to sell. BUT.. this lawyer made one huge mistake. He asked a policeman to come to meeting. Shame on them.. Picking on senior. This woman's unit never sold.That the kind of agent you are? I want a good reputation. I will take the loss and be known for honesty then make people live with my lie..due to not disclosing. Pretty soon with internet more people will buy and sell on their own. No agents.
Flag Thu Jan 24, 2013
Ghenning,

Your story is very disturbing, and my heart goes out to you for all that you have been through.
Please contact me via email at billie_desimone@yahoo.com, or my cell at 714-391-4809 and I will put you in contact with a reputable local broker. There are no guarantees, but you at leasrt need to speak with an honest broker to find out what your options are under these circumstances.

Billie DeSimone
Century 21 Award
714-391-4809
billie_desimone@yahoo.com
DRE #01377792
0 votes Thank Flag Link Wed Nov 9, 2011
Billie Desimone, If you knew the grief, the stress and the pain that these realtors caused to cover up Kate non dis closer after myself and my mother asking many times about hardwood floors. To know she was invited to view them with her husband who worked installing hardwood floors and said to his wife. Kate Carson" what a mess they did." and just think he said they were going to do it themselves. Kate was trying hard to make me look like it was all in my head and that I was just a nuisance.They the HOA is also Kate Carson, Jason Blankenship as they are in an office daily where the HOA is and the builder. So to make matters worse a hardwood floor expert I called and asked him to go upstairs before out HOA meeting that took place in my unit 213 with owner / builder and President of and my witnesses. No other home owners showed up given a wrong date they said. This hard floor owner went into upstairs and then came down. Now upstairs thought Gary Young the builder sent him as they let him in. This was good as i was the one who called him. he said he has never seen worse installed hardwood ever. Not only was it going to cause horrible noise for downstairs also as everything is heard even more upstairs caused a sound bounce effect..back into their unit. It was an inch away from walls. This was not good. of course builder did not want this to be known to others and they did everything to cover it up and used me as their nut case new owner. I had cancer i was dealing with.. A lot of health issues on top of the stress of calling police and it just was to much for me to stay any longer. Yes when I asked them to sell it they refused. Not only did Kate Carson and Jason Blankenship both refuse. Keller and Williams CEO Toni Detz I thought could help me talk to owner Alan Williams. Instead i never got to talk to him.I called him in tears asking why they would not sell. My health was declining let alone my mental health due to lack of sleep..Just thinking about selling. They did nothing. They a friend who also works for KW Tamara Burns. Said to me she heard them talking and told me it was not good and she felt bad for me. So she listed it. 10 days. I thought OMG I have a friend in her. I helped with a million dollar listing and she sold it 3 times. My ex bought it sold it and she felt she owed me that.. Gee.. One day a friend of mine and I were sitting outside and Tamara said I quit.. Sign here. I was shocked. But then of course the other realtors must have given her hell at work and she was not a stand up good enough friend. I would imagine her job was on the line. I took them all to ethics board in Pismo Beach..Cindy Doll told me I did not need a lawyer. I owned this unit with my mother as a moderate income unit.So really the cost a of a lawyer would not be easy . Oh no she said. The ethics board is the judge jury and will be the lawyer as well. We walked in. They hired a lawyer in SLo Roy rogen and I could not say one word as i only has 5 seconds to answer any questions . He replayed private messages that I had left on owner Alan Williams voice mail for the entire board where I stated that the lack of sleep due to the noise was worsening my condition of my disability. Not only is it against the law to wire tap, but also to disclose personal information. That would be bad enough, but he fabricated lies about mental illness to the board of realtors. I was shocked. So were my witnesses and we were ganged up on and had no time to do a thing. Before this ethics board meeting took place Kate Carson Tried to sell me another unit there.Kate wrote up an offer to me unqualified buyer I had not even talked to a lender and cashed a $5000 escrow check with the title company that she requested to hold the bidding. I believe that she knew exactly what she was doing in taking advantage of my desperation to solve the problem of the noise and finally live in peace.
I asked Miss Carson not to cash the check as it would empty my account, and while she did want the option of moving to unit 501, she couldn’t afford for the check to be cashed. She was assured it would not be, but then found the next day she had no money and had to borrow funds left in the bank after American Title Company.So please if you know someone here, a good broker.They said they feared my illness reason for not selling my unit. BTW. I did the foot work to make it a normal unit now.I am heart is broken. No one protected us. at all. I do need help.
0 votes Thank Flag Link Wed Nov 9, 2011
Ghenning,

I just read your last post. It is not ethical for the only association-designated agents to refuse to list your property. Under the circumstances, I would go to a local well-known real estate company in your area, and ask to speak to the broker. They should be able to help you navigate this. I can refer you to a good broker in your area, if you are interested.

Billie DeSimone
Century 21 Award
714-391-4809
DRE#01377792
0 votes Thank Flag Link Tue Nov 8, 2011
Hi, Ghenning-----------

There is a question on the Seller's Transfer Disclosure Statement regarding noise. The seller would be responsible for disclosing that they hear noise from the neighbors walking above. If the agent has also heard it, or you have made a big deal about it, they would also need to disclose this noise issue, rather than the type of flooring. As stated in the Agent Visual Inspection Disclosure, the agent is not responsible for "analyzing the cause or source of the disclosed matter." Hope this helps!

Billie DeSimone
Century 21 Award
714-391-4809
DRE #01377792
0 votes Thank Flag Link Tue Nov 8, 2011
This was a brand new complex called ocean oaks senior community in arroyo grande. Builder Gary Young contracted Keller and Williams two realtors Kate Carson and Jason Blankenship to be the only two realtors to buyers..I had no choice in who was going to sell my the condo. I had to go with who they contracted to sell them. Not good.. Kate had been invited to see hardwood floors that were unprofessional done upstairs before I bought. It was a real concern that I do not live under hardwood floors. As I have heard nightmare stories. being that I had a dog I preferred downstairs. After I moved in I found out and I tried to do what was right. I asked them if they knew i could hear them. I talked with other home owners there about this. I taped the sounds.. I asked HOA to put it on thr agenda. It was a nightmare. Now their ccrs state before doing anything to the floors they have to propose it to the board..This again was done before we have a HOA. of course the realtors working for both buyer and seller. This was bad..I could not fix it. I made cookies. I even said I would pay for what ever needed to be done to make their floors better. HOA had a meeting in my unit. Gave all other owners a different date. I wondered why no one showed up. I was kept up for a year.. it was like a bowling ball at anytime went over my head..I had witnesses. I tried till i no longer could take one more day. Again the only two realtors i asked them to sell my place. They refused.. I will end it there..
0 votes Thank Flag Link Tue Nov 8, 2011
How would the listing agent know what kind of floors the upstairs unit has? Why would that subject even come up? I would think hardwood floors would be a plusw, not a negative. They are here in Florida anyway. They wouldn't be any louder than tile.
0 votes Thank Flag Link Tue Nov 8, 2011
Ghanning,

The agent does not disclose what type of flooring etc in any another condo unit.
Realtors have a duty to the seller/owner of home to disclose what the owner knows about their home and not other home owners.. If there is something they may know about the complex they should let you know and this is why you get the CC&R's for the complex..
If certain questions come up then your agent and possibley the sellers agent should find out for you if there is no reference about it and this is something that is a priorty for you...
You should be talking with your agent about this.. Communication is key in the transaction..Good Luck!.

Ingrid Ski Realtor
949-874-0432 cell & Text
OCAreaHomes@gmail.com
http://www.IngridSki.com
0 votes Thank Flag Link Tue Nov 8, 2011
I am with Brian on this one. Interesting that the agent would tell someone to do it before the HOA sets in. I have found that HOA have rules for a reason. I sold an upstairs unit to a buyer a couple years back. My buyer wanted wood floors and submitted a request. We went (I went with her so I could see the process) before the board and got our answer. They ultimately said, "yes" but had some critieria that had to be met such as extra padding for sound barrier, etc...

Is this agent selling all the condos? I feel like I have so many more questions now that you have posed this question! Regardless, good luck Ghenning!
Web Reference: http://crisetaldrake.com
0 votes Thank Flag Link Tue Nov 8, 2011
Hello Ghenning,

If you are making a reference to whether or not a listing agent would disclose this topic within the Transfer Disclosure Statement CAR form...the answer is no. If you are making a reference to an agent sharing that a specific unit
0 votes Thank Flag Link Tue Nov 8, 2011
Hi Ghenning,

My rule of thumb, if you have to ask if you should disclose something then the answer is to disclose it.

Does the HOA have rules against hard flooring surfaces in upstairs units now? I believe this might affect the price of the unit below.

Sorry to hear this agent gave the advise you mention.

Good luck,
Brian Wilson
949-933-0852
DRE# 01321478
0 votes Thank Flag Link Tue Nov 8, 2011
Update on this mess I hope is coming to an end as it is now in the hands of HUD housing. . The realtors.. agents. knew there would be no hardwood floors in these units. They were already very noisy with carpets. She should have told the new owners to wait till the HOA got started as they now do not allow hardwood floors at all. If you even want carpet you have to bring it to the HOA for them to approve..I know there is a hardwood floor which is quiet with padding and sound proofing. This couple did not use this and even took out padding. The realtor Kate Carson was invited up to see the new flooring before I bought there. At this time Kate's husbands job was Hardwood flooring. He told his wife Kate that was the worst job he had ever seen. Guess who told me this? Kate.. I said why did you not disclose this to me I asked you so many times.? No .answer. She did advise me to go ask the neighbors upstairs to put rubber padding on their chairs and maybe runners in hallway.I did .
Flag Sat Apr 28, 2012
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