JUST WHAT PART OF “DISCLOSURE” DO YOU NOT UNDERSTAND?

Just what part of disclosure do you not understand when asked by your real estate agent to fill out “to the best of your knowledge” a little form he referred to as “SPDS?”

The Seller Property Disclosure Statement (SPDS) will be handed to each seller of real estate to complete and sign as the property owner’s declaration of what he knows about the property he is selling.  Treating the SPDS as anything less than a free ticket to hell would be a big mistake.

Check out this article from Christopher A. Combs, a local Phoenix real estate attorney that should raise the hair on your neck if you have ever sold real estate:

Seller’s Fraud by Failure to Disclose “Trumps” Buyer’s Negligence

ARIZONA LAW “REQUIRES” THE SELLER TO DISCLOSE MATERIAL (IMPORTANT) FACTS ABOUT THE PROPERTY YOU ARE SELLING, EVEN THOUGH THE BUYER OF YOUR PROPERTY DIDN’T ASK FOR IT.

The fact that you “forgot” that your roof had repairs made to it over the years could be your free pass to a fraud conviction… or even find yourself replacing a roof a year “after” you sold the home, thanks to Arizona law.  If the new owner discovers that the roof had been repaired… usually after sending a roofer up to fix a leak, you may find yourself the recipient of a nice “fraud” letter from Christopher A. Combs.

Is there any such thing as a “nice” fraud letter?

So let’s discuss some of the conditions that may exist in the home you are selling that a buyer may NOT think to ask about, but may discover down the road…

• Is the seller a non-resident alien or a foreign person? Mandatory withholding may apply.
• Are you aware of any title issues affecting this property? You should have known when you purchased your property that there were certain deed restrictions affecting the “use” of the home that prohibited an “in-home business!”  If you fail to disclose that fact and the buyer makes his decision without even asking… there is a strong possibility you may be purchasing the home back if the buyer is unable to operate his business there.
• Are you aware of any “unusual” disturbances that might affect the property? You may “forget” the presence of active train tracks two blocks away hidden by a wall of trees… but when the new owner moves in and is shocked out of bed in the middle of the night by a screaming train whistle, you may find yourself in the home moving business.

NOW THAT I’VE SCARED THE DAYLIGHTS OUT OF YOU FOR SELLING YOUR HOME… let me give you some love… and some advice from a 45+ real estate veteran right here in the East Valley – ME!!

• If you don’t know then just say… I don’t know!  But just be sure it can’t be shown you did know. 
• It is better to “over-disclose” than to “under-disclose.”
• Educate yourself as to what a seller is “required” to disclose and what is “not” required.  Here are a few exceptions:
  • Your property was the site of a death.
  • Your property was owned / occupied by a person exposed to HIV or diagnosed as having AIDS.
  • Located within the vicinity of a sex offender.

**But here is the disclaimer to the information above… “THE LAW DOES NOT PROTECT A SELLER WHO MAKES AN INTENTIONAL MISREPRESENTATION.”

I have spent over 45 years in the real estate industry, where I often drafted my own contracts for the purchase of real estate.  I have spent many years having my work critiqued by some of the brightest and most talented businessmen in the world of real estate.  And I am trained by the best to pay attention to detail and to not take “anything” for granted when it comes to conditions that affect my buyer or seller.

So just what part of “Disclosure” did you not understand… but now you do???

Remember to be truthful to the best of your knowledge, over-disclose, and… HIRE CHUCK MALONE TO REPRESENT YOUR REAL ESTATE NEEDS.

Ready to find the next home? Check out these gorgeous Gilbert homes!

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