Trulia Hunti…, Other/Just Looking in Huntington Beach, CA

Are sellers legally obiligated to disclose problems they are aware of with their home?

Asked by Trulia Huntington Beach, Huntington Beach, CA Wed Apr 17, 2013

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Answers

33
Sellers are legally obligated to disclose any and all facts that they are aware of when selling their property.

Alex Montelongo/Broker
Coldwell Banker Star Realty
562-810-7387 Cell
BRE Lic#01456982
0 votes Thank Flag Link Mon Dec 2, 2013
Yes Yes and Yes! By not disclosing will only cause delay and issues selling their home!

Erica Galli
(714)-248-2036
0 votes Thank Flag Link Thu Nov 21, 2013
The answer is yes. Any and all problems they are aware of should be disclosed to the Buyers.
0 votes Thank Flag Link Wed Nov 20, 2013
Absolutely! If the seller fails to disclose something they are aware of they could be financially liable for not disclosing. When in doubt: Disclose, Disclose, Disclose
0 votes Thank Flag Link Wed Nov 20, 2013
Oh yes, no question about it. In fact you have 12 months after the close of the home to go back and sue them.
But remember all homes have problems, how bad is it?
0 votes Thank Flag Link Wed Nov 20, 2013
They ABSOLUTELY are! Its called a Transfer Disclosure Statement, and its a standard form. They must disclose certain things they know about the property- this is to protect you as the buyer, so you know EXACTLY what you are buying.
If you feel that your seller did not properly disclose items, its best to consult a Real Estate Attorney.

Nicole Fedorchek, Realtor
Tarbell, Realtors
714-914-5097
realtornicolef@gmail.com
0 votes Thank Flag Link Wed Sep 25, 2013
Sellers should disclose all information that they know about. If they do not thy could possibly get sued Why hide anything. It best to be upfront and only work with those people

Good luck. Anything else I can help you with just let me know

Ingrid Ski Realtor
949-874-0432
OCAreaHomes@gmail.com
0 votes Thank Flag Link Tue Sep 24, 2013
Absolutely! You are legally obligated to disclose all problems with the home that you are aware of. If you do not the buyer could come after you for not disclosing and this could cost you financially. If your Realtor knows of the problems they must also disclose the problem.
0 votes Thank Flag Link Tue Sep 24, 2013
Disclosure isn't always easy. There are time you are legally and morally obligated to disclose known material facts about the home that may effect a potential contract. But you don't really have a choice. The legal and financial implications of failing to disclose go far beyond the possibility of loosing a buyer. in fact, they go far beyond the closing of the home. Many brokers can tell you stories of clients who failed to disclose material facts and paid the price for it YEARS later in a court of law.
0 votes Thank Flag Link Tue Sep 24, 2013
Yes, the sellers (and the Realtor representing them) must always disclose problems in the home that they know about.
0 votes Thank Flag Link Tue Sep 24, 2013
Yes, whether they do it all not is another story.
0 votes Thank Flag Link Tue Sep 24, 2013
YES! you must disclose all facts that you are aware of pertaining to the home.
0 votes Thank Flag Link Tue Sep 24, 2013
Yes it is very important that you disclose and known facts pertaining to the property. If you are guessing or you don't live in the property make sure you note that as well. If it was a rental property disclose this and answer "to the best of my knowledge" Disclose, Disclose Disclose!
0 votes Thank Flag Link Tue Sep 24, 2013
Yes, all info seller is aware of must be disclosed.
0 votes Thank Flag Link Wed May 29, 2013
Yes of course just as when you buy you would want to know about the home your buying. In this market as long as your up front and the buyer wants to buy the house Your in good shape
Always have a realtor represent you and not try to sell your home yourself


Ingrid Ski Resltor
949-874-0432
OCAreaHomes@gmail.com
0 votes Thank Flag Link Thu Apr 18, 2013
Yes. The seller must disclose any issue they are aware of when selling their home. If the buyer later discovers an issue and can determine that the seller was aware of it when selling, the buyer can bring about legal action. It is much safer (and cheaper in the long run) to disclose any known issues and sell your house accordingly!
Thanks,
Amy Gillissen
http://www.AmyGillissen.com
0 votes Thank Flag Link Thu Apr 18, 2013
Yes, that's why a seller should always have a Realtor represent them with the sale of their property. There are some homeowners who opt to sell their home by owner and later regret not using a licensed real estate agent.

However, it depends on the circumstances about the seller and their property, doesn't it? Some homeowners can market and close their transaction without any assistance, although unusual, it can be done.

A very large percentage of homeowners who choose to market their homes finally hire a Realtor to market their property and almost always are very successful in selling their property very quickly.

Need help, contact me, regardless of your circumstances.

Kimo Jarrett
0 votes Thank Flag Link Thu Apr 18, 2013
Yes.

This sentence is to satisfy Trulia's minimum character limit.
0 votes Thank Flag Link Wed Apr 17, 2013
Disclose Disclose Disclose!!!
0 votes Thank Flag Link Wed Apr 17, 2013
Yes and there is no way around it. In addition the agent representing the seller also has a duty to disclose any material defect they become aware of.

Tom
0 votes Thank Flag Link Wed Apr 17, 2013
Absolutely. Failure to do so can result in legal action.
0 votes Thank Flag Link Wed Apr 17, 2013
YES. Disclose Disclose Disclose
0 votes Thank Flag Link Wed Apr 17, 2013
If they Know, They must Disclose.
0 votes Thank Flag Link Wed Apr 17, 2013
Very often the seller doesn't know about some problems untill home inspector will be there...So there can be some gap between what the seller knows and a reality.

Yuriy Goldstein
NYS Licensed Home Inspector
0 votes Thank Flag Link Wed Apr 17, 2013
Only if they don't want to get sued.
0 votes Thank Flag Link Wed Apr 17, 2013
ABSOLUTELY....!!! You want to always disclose everything you know about the home and neighborhood and anything else a owner of a home would know. Better to disclose...disclose...disclose..... If it comes to light that there was something that a seller knew but didn't disclose they could be tied up in a non-disclosure lawsuit for a VERY LONG time and may even have to pay for their choice to keep something secret about the house.

I always tell my sellers it's better to tell EVERYTHING they know about the home, ie; we get ants in the summer, the neighbors dog sometime barks at 10 at night, etc. etc.

Ask for your realtor to guide you....hope this helped!
0 votes Thank Flag Link Wed Apr 17, 2013
Yes, the sellers are obligated to fill out the Transfer Disclosure Statement indicating the condition of the home and major repairs such as a water leak or anything that may be wrong with the home. Banks who obtain a home through the foreclosure process and probate real estate transactions do not have to disclose since the seller may not have knowledge of the condition of the home.
0 votes Thank Flag Link Wed Apr 17, 2013
Yes. If a problem might influence how much someone would pay for the property, or if they would purchase at all, then the problem is a material fact which must be disclosed. Sometimes sellers are truly unaware of problems that are brought to light by home inspections, etc. The forms that Realtors use, make seller obligations very clear to them.

The rule of thumb: when in doubt, disclose.

Sincerely,

James Melton, Realtor & Mortgage Broker, CA DRE Broker #01222353, NMLS #300133
President, Victory Mortgage & Real Estate Home Loans & Sales Since 1979, NMLS #366399
2901 W. PCH, Suite 200, Newport Beach, CA 92663
cell(714)318-4664, phone(949)939-9676 or (714)374-0022, fax(714)844-9094
web http://jamesmelton.listingbook.com
email jamesm@socal.rr.com
0 votes Thank Flag Link Wed Apr 17, 2013
Absolutely they must disclose any prolem. And it the agent is aware of the problem, the agent must disclose. Disclose, Disclose.
0 votes Thank Flag Link Wed Apr 17, 2013
That's a definite YES. Although the seller will usually do their own investigations/inspections, these are limited in scope and there are things they simply cannot see. If you painted over a damp patch to hide a leak in the roof, you have to tell them.
The consequence of not telling the buyer what you know is to leave yourself exposed to later litigation. When you sell your house, you don't want to spend the next 10 years worrying that the buyer may find that thing you didn't tell them about.
0 votes Thank Flag Link Wed Apr 17, 2013
Sellers have to disclose any problem, malfunction, if aware.
0 votes Thank Flag Link Wed Apr 17, 2013
Absolutely! Sellers must disclose any known issues with the home.

Steve Colvin
Premier Cal Realty
steve@premiercalrealty.com
premiercalrealty.com
0 votes Thank Flag Link Wed Apr 17, 2013
Absolutely yes.

That was easy! :-)

Tni LeBlanc
http://www.SantaMariaRealEstateBlog.com
DRE #01871795
0 votes Thank Flag Link Wed Apr 17, 2013
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