We have a home on an Island in South Jersey and have a disclosure question

Asked by anicl500, Toms River, NJ Wed Jun 19, 2013

Every time it rain very heavy many of our intersections gets flooded and water subsides in about half hour. If and when we put our house on the market is this something we need to disclose? Water never hits the house

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Joan Congilo…, Agent, Freehold, NJ
Tue Jul 23, 2013
I believe you should answer all questions on your sellers disclosure as fully and honestly as you can. It is better to be up front about the area than lose a buyer after getting an offer because they drove by after a rainy day and discovered it themselves.
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Anna Baran, Agent, Toms River, NJ
Fri Jun 21, 2013
Recently, many areas have been draining poorly since there is a lot of sand in the storm drains due to Storm Sandy. I would report it to the town on a regular basis since they are evaluating remedies & can take care of it.
In the sellers disclosure you should disclose whatever you know about the home as honestly as possible. You can call me directly if you have any additional questions.
Thank you,
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Charles Geran, Agent, Toms River, NJ
Thu Jun 20, 2013
You should always disclose, disclose, disclose. You can never be wrong if you do!
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Donna Camisa, Agent, Toms River, NJ
Thu Jun 20, 2013
Hi There:

Take a look at this section of a typical Seller's Property Condition Disclosure Statement, which specifically refers to drainage regarding the property that is for sale. I was unable to copy and paste, so I typed it up for you.


"67. Are you aware of any fill or expansive soil on the property?
68. Are you aware of any past or present mining operations in the area in which the property is located?
70. Are you aware of any drainage or flood problems AFFECTING THE PROPERTY?
71. Are there any areas on the property which are designated as protected wetlands?
72. Are you aware of any encroachments, utility easements, boundary line disputes, OR DRAINAGE or other easements AFFECTING THE PROPERTY?
73. Are there any water retention basins on the property or the adjacent properties?
74. Are you aware if any part of the property is being claimed by the State of New Jersey as land PRESENTLY OR FORMERLY COVERED BY TIDAL WATER (Riparian claim or lease grant)?Explain:
75. Are you aware of any shared or common areas (for examples, driveways, bridges, docks, walls, bulkheads, etc.) or maintenance agreements regarding the property?
76. Explain any "yes" answers to the preceding question in the section.
77. Do you have a survey of the property?

Question 69, 70, 72, and 74 all pertain. #70 specifically asks whether you are aware of any drainage or flood problems affecting the property. However, the question specifically states "affecting the PROPERTY," and not "affecting the neighborhood." So, this becomes subject to sound judgment and ethics on your part, and interpretation of the questions when you are answering them. You indicated the water doesn't reach your property; so, technically, how you answer this question will be directly subject to your interpretation of the question.

Each and every question must be answered honestly, and to the best of your ability. A Seller's Property Disclosure form specifically pertains to a home and the land it sits on. I definitely concur that this is a drainage issue that should be taken up with the township until it is fixed.
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Barbara Mcca…, Agent, Toms River, NJ
Wed Jun 19, 2013
It seems as if you`re asking about a poor drainage system which should be addressed by your town to eliminate the problem.

By asking the assistance of a Realtor, if you decide you want to sell, you will be given a Seller`s Disclosure Statement which you will independently and honestly fill out. Conversely, when you are buying a new home, you will also ask to SEE the Sellers` Disclosure.
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joseph Casse…, Agent, Toms River, NJ
Wed Jun 19, 2013
You must fill out the seller disclosure and answer every question honestly. I would be at the Township and make sure that they cure the problem, they can and will if you persist. Joe Cassese Broker of Record/Owner at CASSESE REALTORS in Toms River
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Justin Norton, Home Seller, Fairfax, IA
Wed Jun 19, 2013
Yes you should. I believe that any and all items about the home should bew disclosed for Karma sake
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Diane Glander, Agent, Spring Lake, NJ
Wed Jun 19, 2013
Absolutely. Just as you described it here is the way you should describe it in your sellers' disclosure.
Web Reference:  http://www.dianeglander.com
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Ron Thomas, Agent, Fresno, CA
Wed Jun 19, 2013
Any METERIAL fact which impacts the VALUE of the property, should be disclosed.
What will you do if it isn't raining when they see the house?
What would you think if you were the buyer?
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Andrew Tisel…, Agent, clifton, NJ
Wed Jun 19, 2013
If there are other homes for sale near by you . the chances are the buyers will already know that.
The disclosure is about the house not the street. But I would disclose that anyway.
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