Lol! The county could have had a blast with that whale. 
Daycare centers, birds, bees, mosquitoes, spiders, pets, violent and non-violent deaths at the property or near the property, halfway houses, marijuana dispensaries, liquor stores, leaking underground storage tanks, wildlife, superfund sites, natural hazards, neighbor disputes, fires, on and on.
Oh and add the ocean smells.
None of this nonsense in WA. If the buyer can or should have seen (heard, smelled, used their sixth sense, etc.), it is on the buyer.
1 Like
@BunsenBurner, I’m one of those Washington buyers who should have bewared. 
Sorry to hear that! 
Yup, our courts strongly favor property sellers. Short of proof that the seller actively concealed a defect to the point an inspector woukd not have caught it, the buyer generally has no cause of action. Our seller threw in a small $$ because they indeed tried (quite poorly!) to conceal a few things, and the form stated that windows were in good shape when some were literally falling out. 
But they really did not have.
Sounds like a FSBO would be ideal there. 
Just thought of another odd non-disclosed item.
The next door neighbor has one of those an outdoor golf swing setups. Seller failed to disclose that the neighbor can be heard swinging a golf club and the ball hitting some sort of back stop.
All of the recent discussion here seems more like a reason not to buy a house in California (which you eventually will look to sell) rather than a strike against selling a house without a realtor. 
1 Like
These seller disclosure issues are interesting. I’m the executor of an estate selling, so my understanding is that my disclosures are a bit more limited (I can’t be expected to know everything about a house I haven’t lived in?). That’s what I’ve been told…!
I’m not a lawyer, and I don’t know what state the property resides in, but typically yes.
In CA, an executor isn’t required to fill out a Transfer Disclosure Statement. But there is an Exempt Seller Disclosure form to be filled out to disclose what the executor does know about the property, if anything.
Meh, I’ve lived here all my life. You get accustomed to all the forms.
There’s one for hot (or any) markets too. A Market Condition Advisory disclosure, which states that a buyer should not waive their contingencies (which they do sometimes anyway) and that the market fluctuates up an down.
I believe that form was born in response to the 2007-2009 market crash, when homes were selling for 50% +/- less (in some areas of CA) just months after a purchase. Buyers wanted their lost equity returned. The common seller’s refrain was that the buyer doesn’t give up their upside to the seller, so why would the seller protect the buyer’s downside risk.
Accustomed to it like the frog in the pot of water brought slowly to a boil. LOL
2 Likes
The standard commission rate in San Diego is 5% although there are still a few old school offices that insist on 6% but not the norm. In addition there are new competitors out there with minimal brick and mortar offices, agents work from home offices, heavy Technology based that will sell for 1 to 2% but still offer 2.5% to buyers agent
3 Likes
@sushiritto love your stories! You must either work in or alongside the real estate field or just have a keen interest in real estate. I imagine most realtors could write a book of crazy stories.
3 Likes
Ugh houses for sale in the neighborhood where I’ll be selling have just started to cut the listing prices. Been working super hard to wrap up the rehabbing in the next few weeks (I should have listened to my intuition and real estate attorney friends and sprinted earlier instead of deferring to others!). Fingers crossed!
I would argue that you get what you pay for, and agree with sushirito that something like 10% of the realtors (the very good ones) do 90% of the transactions (whatever the actual percentages might be). A good realtor is well worth the commission you are paying and can possibly net you a higher price that would more than offset the commission. The problem is that there are a lot of mediocre agents as the bar to obtain a real estate license is pretty low. One thing I haven’t seen mentioned yet on this thread is that realtors have liability insurance (E&O insurance - stands for errors and omissions). Even if you haven’t made a mistake, you can still be sued. If you use a realtor, your sale is covered by their insurance.
3 Likes
Interesting, Lemonlee! What type of suit would that be? I am assuming other than someone getting sued for being injured during a house tour which would be covered by homeowners…
Nondisclosure of a known defect.
Publisher - yes - although as an executor I think I am expected to have less knowledge (although certainly isn’t a foolproof position!).
Issue may be decided on “should have known” as opposed to “did know”.
I would argue that even an executor of an estate should have a professional inspection done before placing a property up for sale even if sold in “as is” condition.
Realtors I know all advise against getting an inspection before putting your house up for sale.
1 Like