Hi Craig:

In California, definitely the seller's. Although as agents we have to sign the disclosure off; so if the agent knows that as a fact and the seller is not disclosing it, the agent should give the seller gentle reminder / advise that it is important to disclose, disclose and disclose everything that is known to have a material effect on the property.

We also ask the clients to order a third party Natural Hazard Disclose and the Clue report. The cost is minimum (around $100 or so) and in our area, the sellers will customarily pay for the cost of getting the report.

Sylvia

Go ahead and try searching SFGate.com...I can't find the article on the website, therefore I don't have the link. I do however, have a PDF version of the article including the list of cottages. Best of luck to you.

I saw the box Ed.

The seller and the seller's agent if it is known by either.

It is also required to disclose natural hazards as part of California Civil Code 1103. There are several third party companies that prepare these reports in the state, but the best ones with also include local disclosures. The report is typically paid for by the seller through escrow and ordered at listing so the buyer has a period of time to read over the report. These reports should also include airport influence areas, military ordnance sites, Megan's Law, and other supplemental disclosures. Environmental hazards such as leaking underground fuel tanks and Mello-Roos tax and 1915 Bond Act taxes should also be included, especially in San Francisco where most properties have a Mello-Rood school tax. I have been working in the NHD field for over 15 years so if you have any questions, please don't hesitate to contact me.

Hi Craig - I agree with everyone else that it is the seller's responsibility to disclose any KNOWN material facts affecting the value of a home. Noticing that you are inquiring from/about Bernal Heights, many of the homes there were built soon after the 1906 earthquake as people sought new shelter elsewhere in the city. What would alleviate concerns regarding the soundness of a "quake cottage" is the inspection a buyer would have done on the property. And of course if a seller has done inspections, they would have to disclose those inspections.

The TDS (Transfer Disclosure Statement) is a mandatory form for a seller to fill which asks the question of any work or repairs that have been done on the property. Unless nothing has been repaired or fixed, then the seller needs to disclose that there. Some communities also add a supplemental sellers disclosure form which asks even more specific questions about the history of the property. Make sure to ask to see those forms.

As Vicki said, it is the seller's responsibility to disclose everything and anything they know about the property which affects it's material value. Having said that, the buyer also has responsibilities in a purchase. You must do any and all inspections on the property, and you may want to look into the property history as well. The seller has most likely been one of many owners of the property and you may very well find something they weren't aware of.

It's the seller's duty to disclose everything they know about the property. If something was not disclosed, it’s up to the buyer to determine if they’ve been harmed by that non-disclosure and if the seller knew about it and intentionally did not disclose, then decide whether a suit should be filed against the seller to recoup any loss incurred.

Craig,
In FL, it is a seller's responsibility to disclose any visible or non-visible defects/issues which may affect the value of a property. It is then the listing agent's responsibility to relay this information to any potential buyers or buyer's agents. Real estate law varies from state to state, but I do believe this is a standard practice in the industry. This is just one example of why having a REALTOR represent your interest as a buyer's agent, is so essential. Best of luck!