Nolo's Essential Guide to Buying Your First Home (40 page)

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Authors: Ilona Bray,Alayna Schroeder,Marcia Stewart

Tags: #Law, #Business & Economics, #House buying, #Property, #Real Estate

BOOK: Nolo's Essential Guide to Buying Your First Home
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Penalties for Failing to Disclose
 
Most states put some teeth into their disclosure laws, by allowing buyers to cancel the sale if the seller doesn’t provide the disclosure form or doesn’t fill it out completely and honestly. Some states also charge monetary penalties to sellers who violate the law, or punish sellers’ real estate agents for failing to disclose problems that they observed or were told of by the sellers.
Can You Trust the Disclosures?
 
Now comes the question of how much to believe of what the seller discloses. There’s no nice way to put it: Sellers are just people, and some of them lie. Even some upright citizens lie, after rationalizations like, “The basement hasn’t flooded in years (never mind the drought).”
Will They Tell You If Itʹs Haunted?
 
If plates fly around your prospective home’s kitchen, a bloodstain reappears nightly on the staircase, or houseguests flee the back bedroom screaming, you want to know about it, right? But don’t expect to see a “haunted” box on any state’s disclosure form. Nevertheless, sellers are, in many states, obligated to disclose things that affect a house’s marketability, which the oddities described above certainly could. Smart sellers would describe exactly what they’ve observed, without drawing conclusions.
 
And lying isn’t the only problem. Even honest sellers may be allowed to keep quiet about something they only suspect. Some state’s forms may offer handy escape hatches, like a box saying “don’t know,” or “no representation.” In Oregon, for example, sellers need only disclose problems of which they have “actual knowledge.”
That can lead to situations like one described by Oregon real estate agent Debbie Stevens: “A buyer I represented moved into a house where, within one month, the water line from the street failed. Of course, we immediately wondered whether the seller had failed to disclose something. It turned out the seller’s neighbors had had repairs done on their water line, and the repairperson had actually told our seller, ‘Your water line is old, too; I can fix it while I’m in here.’ But the repairperson couldn’t predict when the seller’s water line would fail, and the seller didn’t want to pay for repairs. Unfortunately, we had to conclude that the seller wasn’t necessarily wrong to say nothing, since he didn’t know how close the water line was to failing.”
Also, in most states, sellers aren’t required to poke around for problems—just to tell you what they already know. A house’s owners can remain blissfully unaware of many serious problems—a cracked foundation, termites deep in the walls, or a roof on the verge of leaking—and won’t be held responsible.
Reviewing the Seller’s Inspection Reports (If Any)
 
Some sellers voluntarily provide copies of inspection reports they’ve commissioned themselves, either pest reports (common in California) or general inspections. In theory, this is no mere subjective opinion—the report was drafted by a trained professional, right? The answer is a not-so-resounding “maybe.” The quality of home inspectors varies widely, and are you going to gamble on the seller having chosen the most nitpicky one in town?
That’s not to say the seller is trying to pull a fast one. But inspectors who are regularly hired by sellers describe feeling pressured not to be “deal-breakers,” but to downplay problems they find. They tend to use fuzzy words in their reports like “worn” or “serviceable.”
 
SEE AN EXPERT
 
Go to the source: Call the inspector directly.
There’s no law saying you have to rely solely on the inspector’s written words. According to California inspector Paul A. Rude, “If you’re seriously thinking about making an offer, call and ask the seller’s inspector for details and for information about his or her background. Better yet, ask the inspector to come back and do a walk-through with you. Many will do this for a reduced fee.”
 
So, if you’ve got a report in front of you, how do you evaluate its worth? Start by reading it carefully, following the advice on understanding inspection reports provided in Chapter 11. Also check whether the inspector is a member of ASHI (the American Society of Home Inspectors). And you can ask your real estate agent about the reputation of the inspection company—and of the seller’s agent, who probably selected the company.
 
Learn to decipher the pest report.
Because Abby was looking for a fixer-upper, she knew it would have problems. But when the seller gave her the pest report, she says, “I almost called off the deal—the fix-up was going to cost almost half of what I’d be paying for the house. Then I took a closer look. The report said things like, ‘cellulose fiber near foundation—$200 to repair.’ It turned out that just meant there was a big piece of wood leaning on the foundation—all I had to do was brave the spiders and drag it away. I found a lot of items that weren’t as major as they’d seemed.”
Inspect This!
 
The largest Hollywood home, according to the
Guinness Book of World Records
, is “The Manor,” in Bel Air, California. Built by (now deceased) TV producer Aaron Spelling, it covers about six acres, has 123 rooms, and includes a gym, bowling alley, tennis court, screening room, pool, and skating rink.
 
Finally, no matter how reputable the seller’s inspector, if the report was written more than a few months ago, it’s too old. New problems can crop up in a day. And the seller might have already tried to repair some of the problems—for better or for worse. A professional inspection is important, but it’s best to rely on the one you’ll commission yourself, later.
Poking Around: Doing Your Own Initial Inspection
 
From the first moment you look at a house, you should be taking stock of its physical condition. If there’s a chance you might make an offer, you’ll want a clear idea of how much the house is worth, based partly on its state of repair.
 
CD-ROM
 
Bring along the “First-Look Home Inspection Checklist,” found in the Homebuyer’s Toolkit on the CD-ROM.
A sample is shown below. It details both the easiest and most important issues to look for.
 
First-Look Home Inspection Checklist
 
Here’s what to look for in your initial house visit, and why it’s important to take a special look at these items. Jot down your findings on the little form that follows.

Examine the roof.
If the roofline is sagging, be prepared for foundation problems. Ask how old the roof is. A roof ten years old or older will probably need replacing soon, a $10,000-plus job. Loose, curling, or missing tiles or shingles also indicate a new roof is needed, as do shafts of light in the attic. Complex roofs with lots of gables, intersecting surfaces, and multiple roofing materials are difficult to maintain and expensive to replace.

Listen for squeaks when you walk.
Squeaks are caused by loose nails, often loosened by sagging or movement in the structure, which may mean settling problems.

Take cues from your feet.
They’ll tell you whether the flooring feels unstable, or the house has started to settle unevenly. As you walk up stairs, make sure the heights feel uniform. And step close to the toilet and tub. If the floor feels soft, leakage may be occurring, possibly caused by the owner’s failure to change the seals on the toilet or caulk the wall tiles.

Use your nose.
At worst, fusty odors or your sudden sniffling may mean a mold problem. Other odors, such as cat urine or cigarette smoke, are also a bother to get rid of and reduce the value of the house. (Or maybe you’ll just smell a lot of air freshener, which should make you wonder what’s being covered up.)

Turn on the faucets.
What does the water look like? If you see rust particles or discoloration, the pipes may be rusted, and need replacement. What do you hear? Knocking sounds may mean old, leak-prone pipes. Try turning the faucet to its maximum. If the underlying problem turns out to be low water pressure, this is tough to solve—but should be fixed if you plan on enjoying your showers. Also make sure the hot water arrives within a reasonable length of time.

Open windows and doors.
If you can’t do so easily, that too may be a repair issue.

Look for signs of water damage.
Look for stains or puddles on the ceiling, around the window frames, by the water heater, under the sink, and all over the floor of the basement, if there is one. Not only are these repairs costly, but because of scares over toxic mold, they can make a house expensive to insure.

Find the electrical panel.
Is it an old style one, small, and with fuses rather than circuit breakers? That’s a several thousand dollar upgrade. If you suspect old wiring, look at the plugs near the bathroom and kitchen sinks. If they’ve been modernized at all, you’ll see special plugs with little rectangular “TEST” and “RESET” buttons (these help protect you from water-related electrocution).

Take note of peeling paint.
A paint job is an easy, cosmetic repair—but nevertheless can mean your paying someone several thousand dollars. And peeling paint can be especially problematic if it’s old and lead-based or contains asbestos texturing material.

Turn light switches on and off, or try turning on many lights and appliances at once.
If the lights flicker, or the electricity goes, there may be a bad connection or a circuit overload. These aren’t expensive fixes, but are safety priorities.

Examine the appliances.
Ask whether the refrigerator, stove, dishwasher, washer and dryer, and other appliances come with the house. Then look to see whether they add value or will require a trip to the dump. Test to make sure they’re functional; open the refrigerator door, and light the stove’s burners.

Ask whether the house has a furnace or air conditioner.
You’d be surprised at how many houses still operate on small units that work in only a few rooms. Ask that the furnace or A/C be turned on.

Look for unprofessional repairs or upgrades.
If the house has been in the hands of unqualified do-it-yourselfers, some work may have to be redone.
 
 

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