‘It was like this when I bought it’

By Ron Wynn

The good news is, you are only obligated to disclose what you know, and you are not obligated to explain the cause of a problem if you are not specifically knowledgeable. As a homeowner, don’t make assumptions or conclusions unless you are qualified. However, do disclose:

1. Anything disclosed to you by a prior owner.
2. Any problems that you have experienced that you have, either successfully or unsuccessfully, attempted to rectify.
3. Answers to all questions on the California Residential Real Estate disclosure and on the Seller Property Questionnaire.
4. Anything that you believe could make your property less desirable, less valuable, or non-conforming in the eyes of any potential buyer. An example might be a neighbor next door who continuously screams at her children to the point that you can hear it from your yard.

I’ve often had an owner ask, “Do I need to disclose that the patio was enclosed by a prior owner without a permit?” My answer is, “If you are aware, you must disclose it, even if it was done by an owner 20 years ago”. If you don’t know it as a fact, then say “It may have been without a permit and it may not have been done to code.” If you have no knowledge at all, then it is reasonable to say nothing. Keep in mind that codes are always changing and many improvements made 10 years ago, with or without a permit, may not meet current codes. I have even stated this as a boiler point in cases where funky additions were made that warrant such a statement. The fact that something was done by a prior owner is immaterial. If all you know is that and you have no idea if it met code or not, then simply state that in simple words.

Another example may be a neighbor telling you that your fence in encroaching by 3 inches on his property. Say for example you never had a survey to verify if his statement is of truth or not. In such a case, say it simple by revealing that the neighbor has called this to your attention, but that it has not been verified. A buyer can then choose to make a further investigation if they choose.