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Real Estate Matters: How do I protect myself as a seller?

Original post made on Feb 9, 2013

Many people are nervous about putting their house on the market because of the notion that California is a very litigious state. They are right, California is a very litigious state: We have four lawyers for each 100 people in California so they are definitely looking for work.

Read the full story here Web Link posted Saturday, February 9, 2013, 11:01 AM

Comments (10)

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Posted by Mike
a resident of Highland Oaks
on Feb 9, 2013 at 4:22 pm

"if you have to ask if you should disclosure something"

When did disclosure become a verb?


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Posted by Mathemagician
a resident of Dublin
on Feb 9, 2013 at 6:47 pm

Math is hard:

Active Attorneys in California: 177,980 [1]
Current California Population: 38,000,000 [2]

That's 4.6 per 1000 Californians, not 4 per 100.

[1] Web Link
[2] Web Link

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Posted by Grammar Lady
a resident of Another Pleasanton neighborhood
on Feb 9, 2013 at 7:43 pm

Noah must have felt really 'bad'.

You can always sell your house "As Is". Although having a warranty is a good idea.

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Posted by Rhonda Fee
a resident of Southeast Pleasanton
on Feb 11, 2013 at 8:22 am

Sellers should remember that disclosures are their friend! In following the letter of the law and disclosing the history of the home, even if they think it might be a detriment to the sale, the seller is best positioned to have a successful outcome. I tell all sellers that although the sometimes redundant disclosures may seem overkill, they are all a result of a previous law suit and are a tool to protect them.
Our California Association of Realtors Attorneys work very hard to cover as many issues as seemingly possible to facilitate a successful outcome and as a Realtor, we have the best of the best looking out for the consumer. If all parties do the 'right thing' in full disclosure, the chances of a sour result are significantly less. Integrity counts. For more detailed information, please contact me direclty;, lic. 01414989

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Posted by Larry
a resident of Livermore
on Feb 11, 2013 at 9:11 am

Disclosures are something that your real estate agent should make sure you understand. I sold a house in Fremont, the new sellers seemed nice enough, I had known of the buyers agent for a long time, and expected the deal to go through without a problem. We disclosed everything we "assumed" was important to them. Well, evidently they thought all the furniture in the house stayed in the house. An example was a television I had on the wall, on a shelf, in my office. They wanted that "returned" after we moved out. As well as an antique dresser in the master bathroom, kids room drapes that were so cheap and old, we didn't realize they wanted them. We were shocked at the stuff they claimed should have gone with the house. My agent even paid to have the entire inside painted due to pictures being removed from walls showing where they were hung. It was ugly, and I think their agent should have informed them from the git go how it is done here in the states. My lesson from that was never assume anything, and make sure the buyers know in full detail, any problems, and especially what is not staying in the house. Do not depend on the little tags agents tell you to put on things, have a written list so you have trace. It's easier to spend a few hours on the computer writing it all out, then sitting in deposition answering stupid questions. You can never tell a buyer to much. And if you have a problem in the house, especially tell them about any problems you have had in the past. Any money you might save by not disclosing a problem you will end up paying later, or to an attorney.

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Posted by Dave Walden
a resident of another community
on Feb 11, 2013 at 9:58 am

Dave Walden is a registered user.

Align yourself with a quality and well-referred Realtor and you should be OK with your sale. The "sting" of paying the commission is long forgotten if you take a short-cut and are the target of a lawsuit. How do you find a good Realtor - find out who others have used and then interview them to find out if their goals are your goals. The same holds true for other professionals in the real estate transaction.

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Posted by flipper
a resident of Civic Square
on Feb 11, 2013 at 12:10 pm

what realtor knows my house was constructed with chinese drywall?

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Posted by Joe Crosslin
a resident of Pleasanton Valley
on Feb 12, 2013 at 11:35 am

Years ago when I first started my career in real estate, my manager told of a 3 way test regarding disclosure.

1. Ask if the issue might matter to a buyer.
2. Ask if the issue might matter to a seller.
3. Ask if the issue might matter to a judge.

If you answer yes to any of those questions, disclose. Those questions have served me and my clients quite well for 27 years.

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Posted by Steve
a resident of Parkside
on Feb 12, 2013 at 11:51 am

We thought about suing after learning that Idi Amin had moved just down the street from us only weeks before we purchased. We decided against the suit, and we haven't had too much trouble since. Still, there should be a law about neighborhoods allowing foreign dictators into the community.

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Posted by John
a resident of Del Prado
on Jul 18, 2013 at 10:38 pm

Sister Mary Faith at St Bernard's taught math better than that Joe Crosslin. I got A's. Maybe that's why I'm retired now. That is 4.6 per thousand, not 4 per hundred.

Sorry, but further commenting on this topic has been closed.

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