Thanks for this helpful information. I bought a house in Nebraska 6 months ago, and the seller did not disclose major toxic mold (that he even tampered with after our first visit), and major leaks in the roof that actually had labels "Leak" under the insulation. The inspector missed unconcealed mold all over the basement that was relatively easy to see if he just used a flashlight to look at the unfinished shelves against the wall, with penicillium growing all over them. Now I was diagnosed with CIRS, a disease due to mold exposure, and mast cell activation syndrome. It made me unable to leave the house for a few months, and I could barely walk. Now I am working on leaving this house now that I can drive again, and I hope there is a way I can recoup all these major medical costs.
Hi Yury Gurevich, Thank you for watching and for your awesome support! Let me know anytime you have for a new video and I'll get to working making it for you! Thanks again for watching and commenting! Enjoy an outstanding day! Thanks, -Your Real Estate Geek, Andrew Finney www.andrewfinneyteam.com/
I am going through a purchase I am now fully aware that the seller made recent improvements on the property changing windows, on a structural basis and yet on the disclosure forms they are asked if any improvements that have been made, required permits etc, they add onto this clause by adding 'No work has been done by us'. They have been on the property for 7 years and have remodelled the kitchen etc; the agent who sold the property to me had sold it to the sellers previously so she would have known the changes made, so they have lied on the disclosure is that fraud? I asked the agent why this was added to the clause, she gave a candid reply that the previous owner to the sellers did the changes, but she was caught out because the house on google maps looks different today than it did in 2022.
Hello Andrew, Recently moved into our home and upon cleaning up the home before we moved in we removed a dry erase board off a bedroom door and posters on another door, and discovered it was covering holes in both the doors. Since we did not “see” this at walk through, we’ve asked the seller pays to fix the issue as we feel the was hidden and not disclosed. We’ve reached out to our relator, & seller. The seller stated it was like that when we purchased it and they are not willing to do anything about it. Had we known about the damage we would had stated this be repaired before closing. Do we have any leg to stand on to get this fixed by the seller.?
Hi David Deitering, Thank you for watching and commenting. Congrats on your new home! Super excited for ya'll! Yay!!! Sorry to hear about the holes in your doors. That is one of the tricky things about a buyer's final walk through if the sellers are still residing within the property. You may have options for recourse via an attorney if you really want to press the issue, though it may be more expensive thus via the ends may not justify the means. IMHO, the right thing to do is the seller to replace the doors. At the same time, since you've closed on your new home, the deal is closed and the agents involved are unable to "negotiate" with the seller to make the repairs/ replacement. You may want chat with your buyer agent to see if they are aware of any further remedies in your area. For now, what topic would you like to see next for an upcoming episode? Thanks again for watching. Enjoy a fantastic day! Thanks, Andrew Finney www.andrewfinneyteam.com/
bought a house about a year ago and turns out the sewer pipes are busted, we had hire an inspector but he dmskip the pressure test because the water was shut off, whose fault or should I say whose responsible if the seller didn't disclosure that or the inspector who didn't find it?
Hello, we are getting ready to sell a house we rented out for the last 3 years and lived in the prior 2 years. Our rental agreement had our tenant take care of all maintenance so I'm worried we won't know about something they fixed without telling us. Could this put us at risk if something goes wrong? We have fixed the issues we know about.
Hi Tiffany! Thank you for watching. Excellent question! In short, a buyer is very likely to perform a home inspection. Depending on the results of the home inspection, they may proceed with a repair request for items noted in the home inspection report. Selling a home with tenant can be very tricky, especially with the current eviction moratoriums and the personality of the tenant. Some are more workable than others. While landlords have rights so is true with tenant rights. That said, it might be better to serve a vacate notice to the tenant so you can assess the property's condition, make repairs if needed, and list your house for a smoother process. The majority of buyers I work with in Las Vegas, NV do not like the idea of viewing or writing an offer on a house with tenant in the residence. The common concerns they have revolve around the time remaining on the lease and what happens if the tenant causes damage to the property before closing. Up to closing day, the seller is responsible to ensure the property is the same or better condition as of the time the buyer wrote their offer. That said, if the closing takes place prior to the tenant vacating the leaves the buyer (the new owner) in a bad position. If the buyer is purchasing the property as a primary home they will also need to move in within 60 days after closing. Quite a few issues there and the reasons I advise sellers that have tenants to vacate the tenant prior to listing their property. I hope this helps. Sending you positive mojo everything goes your way! Thanks again for watching. What would you like to watch next?
@@AndrewFinney luckily the tenants are out of the house and we have been fixing everything we know of. I'm just afraid something will pop up that we didn't catch. The house has a brand new roof and gutters and the floors have all been changed. The sun room had a leak that was fixed. I know the basement has never leaked but since the tenants were responsible for the water heater, furnace, and a/c maintenance I don't know if there will be any surprises there. Do we just disclose that it was a rental property with tenant performing maintenance and we have no records of repairs that were done if there were any in the past 3 years? They made updates to the house without asking us so I wouldn't be surprised if there were repairs with no communication.
@@tiffanydoris3 Excellent questions and thank you for the updates. In short, when you meet up with your Realtor you choose to list your home they'll walk through the required seller disclosures in your state. The purpose of seller disclosures is to disclose honestly and to the best of your ability and knowledge of any areas asked about in the seller's property disclosure. As a best practice, I recommend to sellers to have a home "pre-listing" inspection performed. This is to uncover as many potential issues prior to listing their house. Doing so enables a seller to contact the trades that might be needed for the repairs without being rushed during the closing process or possibly have the deal fall apart. The good news is with the tenant out of the house you'll have no issues getting fast action your listing if prepared, priced, and marketed correctly. It's a super hot seller's market right now, the likes of which we haven't seen since 2004.
Hey MD thank you so much for watching my channel! To be honest with you if your home is settling if it’s beyond just a normal settling crack then yes if you’re thinking if you should disclose it you should absolutely disclose it. I hope that helps. Sending you positive vibes everything goes your way!
@@AndrewFinney since then I have disclosed it just waiting on a few inspections and I love your channel you really help me out with explaining the home owners insurance HMO2&3
Do you have a video about when sellers are allowed to use a “waiver of disclosure” form? Super fishy situation with the house I just bought and discovering foundation issues far worse than inspection noted.
Hi, I have a question I'd like to ask you. I really hope you can answer this for me. My broker says as long as the water damage in the walls and ceiling ( happened 6-7 yrs ago. Water leak from unit above mine)been fixed by HOA and HOA has record of it, I do not need to disclose it. Is she right? Or do I still need to disclose it? I already signed the disclosure form yesterday and I just watched this video.I'm confused. My agent is quite intimidating. I don't want to ask and bother her. Sigh...
Hi busybee duckling, Thank you for watching and for sharing with us. It's great to hear from you! That's disturbing... A sellers real property disclosure is for disclosing anything about the property since the time the current owner has owned the property. Especially with the records be easily available why wouldn't one disclose what happened. In real estate one can never "over-disclose" while one who chooses not to disclose could open themselves up for a lawsuit later on. Something to consider. If you aren't comfortable with your agent, perhaps you should consider a different agent. A trusted real estate advisor works with you, not against you... Our role is to assist you and partner together as a team. Our client's should never fear or be intimidated by us. Food for thought... What would you like to see next? Thanks again for watching! Enjoy an amazing day! Thanks, Andrew Finney www.andrewfinneyteam.com/
Hi GMOgottago, Hi PeabodysParadise, Thank you for watching and for sharing with us. It's great to hear from you! Yes, you're absolutely right! One should always be able to ask their trusted real estate advisor questions and receive an honest answer. It's about enjoying a respectful, open, honest relationship through the process. One that usually results in new friends. What would you like to see next? Thanks again for watching! Enjoy an amazing day! Thanks, Andrew Finney www.andrewfinneyteam.com/
Thank you for sharing Chris! Excellent points! It's always interesting how the "nuances" of real estate change in different areas. Please let me know what you'd like to watch next. Sending you positive vibes everything goes your way!
The seller has not actually disclosed proof of tenant paying rent or any info on the tenants other than an agreement .what does the seller actually have to disclose about tenants?
This is the answer to tons of questions, it's also a real estate principals course homework assignment at SCC in Fairfield calif. What about if the house is occupied, the seller portrays himself as a trustee of a living trust the agent knows about this as well as the buyer. There's a decision made by judge that does not grant the supposed trustee a UD eviction to trustee turned new owner because lack of proof but they sell my home anyway. Last buyer was well aware of situation or a bona fide purchase but judge well aquatinted with attorney for 6th attempt UD and grants possession. This trio of theives bought 3 properties belonging to my dead grandfather all fraudulently. I had no attorney and did well 5 years fighting off ring of real estate theives until their lawyer hired had UD judge in his pocket. Sale was March 2020 UD eviction. Was feb 2021 Too late to do anything??
I don’t understand how would any lawyer ever be able to prove that the seller’s didn’t disclose a problem with the house after closing. They can’t read minds, the seller could just say, “I didn’t know.” Can you name some examples of when a buyer could sue a seller for something that wasn’t disclosed, and actually be able to prove the seller knew about it and lied?
I report every month for 40 years on parole and been trying to vote for 40 years and can't and it is against the law to protect my own property and with the money maybe l can get my right to vote after 40 years.
Hey N.M. DUKE! Thank you for watching. That's an excellent question and yes a serious one too! To be honest, it really depends on the real estate laws of the state where you're buying. For instance, in Las Vegas, NV, it is not a required disclosure if a murder took place in a property while it is required here (and in most states) if the property itself caused a death for unsafe reasons. i.e. mold, structural collapse, etc... In the case of Meth being manufactured in a property, it also becomes a required disclosure since Meth is highly flammable and if not remediated it could cause a future explosion. In some states, like California, South Dakota, and Alaska any death on the proper whether by murder, suicide, or peaceful causes is a required disclosure if it happened in the recent last 3 years. The best practice here is to Google a property you're interested, the check the news section to see if anything of that nature was reported of that nature. There's also a site called "Died In House" www.diedinhouse.com/ that a buyer can use to see if anything comes up. I hope this helps! Sending you positive vibes everything goes your way! What would you like to watch next?
Thanks for this helpful information. I bought a house in Nebraska 6 months ago, and the seller did not disclose major toxic mold (that he even tampered with after our first visit), and major leaks in the roof that actually had labels "Leak" under the insulation. The inspector missed unconcealed mold all over the basement that was relatively easy to see if he just used a flashlight to look at the unfinished shelves against the wall, with penicillium growing all over them. Now I was diagnosed with CIRS, a disease due to mold exposure, and mast cell activation syndrome. It made me unable to leave the house for a few months, and I could barely walk. Now I am working on leaving this house now that I can drive again, and I hope there is a way I can recoup all these major medical costs.
You may be able to sue the inspector
Very helpful thank you
Thank you so much. Extremely informative.this channel is must have for anyone who is thinking of selling or buying a house
Hi Yury Gurevich,
Thank you for watching and for your awesome support!
Let me know anytime you have for a new video and I'll get to working making it for you!
Thanks again for watching and commenting!
Enjoy an outstanding day!
Thanks,
-Your Real Estate Geek, Andrew Finney
www.andrewfinneyteam.com/
Filling out disclosures now. Thanks for the video. I totally agree about the reaction people would have if it's a surprise.
Absolutely Tracy! You're very welcome. What would you like to watch next?
I am going through a purchase I am now fully aware that the seller made recent improvements on the property changing windows, on a structural basis and yet on the disclosure forms they are asked if any improvements that have been made, required permits etc, they add onto this clause by adding 'No work has been done by us'. They have been on the property for 7 years and have remodelled the kitchen etc; the agent who sold the property to me had sold it to the sellers previously so she would have known the changes made, so they have lied on the disclosure is that fraud? I asked the agent why this was added to the clause, she gave a candid reply that the previous owner to the sellers did the changes, but she was caught out because the house on google maps looks different today than it did in 2022.
Hello Andrew, Recently moved into our home and upon cleaning up the home before we moved in we removed a dry erase board off a bedroom door and posters on another door, and discovered it was covering holes in both the doors. Since we did not “see” this at walk through, we’ve asked the seller pays to fix the issue as we feel the was hidden and not disclosed. We’ve reached out to our relator, & seller. The seller stated it was like that when we purchased it and they are not willing to do anything about it. Had we known about the damage we would had stated this be repaired before closing. Do we have any leg to stand on to get this fixed by the seller.?
Hi David Deitering,
Thank you for watching and commenting.
Congrats on your new home! Super excited for ya'll! Yay!!!
Sorry to hear about the holes in your doors. That is one of the tricky things about a buyer's final walk through if the sellers are still residing within the property. You may have options for recourse via an attorney if you really want to press the issue, though it may be more expensive thus via the ends may not justify the means. IMHO, the right thing to do is the seller to replace the doors. At the same time, since you've closed on your new home, the deal is closed and the agents involved are unable to "negotiate" with the seller to make the repairs/ replacement. You may want chat with your buyer agent to see if they are aware of any further remedies in your area.
For now, what topic would you like to see next for an upcoming episode?
Thanks again for watching.
Enjoy a fantastic day!
Thanks,
Andrew Finney
www.andrewfinneyteam.com/
thorough🙌🙌
Thanks Andrew. Very good video. Very clear.
Glad it was helpful Alex! Thank you so much for watching! What would you like to watch next?
If a home inspector doesn't notice visible mold, what can I do after I've purchased my home?
bought a house about a year ago and turns out the sewer pipes are busted, we had hire an inspector but he dmskip the pressure test because the water was shut off, whose fault or should I say whose responsible if the seller didn't disclosure that or the inspector who didn't find it?
Hello, we are getting ready to sell a house we rented out for the last 3 years and lived in the prior 2 years. Our rental agreement had our tenant take care of all maintenance so I'm worried we won't know about something they fixed without telling us. Could this put us at risk if something goes wrong? We have fixed the issues we know about.
Hi Tiffany! Thank you for watching.
Excellent question! In short, a buyer is very likely to perform a home inspection. Depending on the results of the home inspection, they may proceed with a repair request for items noted in the home inspection report.
Selling a home with tenant can be very tricky, especially with the current eviction moratoriums and the personality of the tenant. Some are more workable than others. While landlords have rights so is true with tenant rights.
That said, it might be better to serve a vacate notice to the tenant so you can assess the property's condition, make repairs if needed, and list your house for a smoother process.
The majority of buyers I work with in Las Vegas, NV do not like the idea of viewing or writing an offer on a house with tenant in the residence. The common concerns they have revolve around the time remaining on the lease and what happens if the tenant causes damage to the property before closing. Up to closing day, the seller is responsible to ensure the property is the same or better condition as of the time the buyer wrote their offer. That said, if the closing takes place prior to the tenant vacating the leaves the buyer (the new owner) in a bad position. If the buyer is purchasing the property as a primary home they will also need to move in within 60 days after closing.
Quite a few issues there and the reasons I advise sellers that have tenants to vacate the tenant prior to listing their property.
I hope this helps.
Sending you positive mojo everything goes your way!
Thanks again for watching. What would you like to watch next?
@@AndrewFinney luckily the tenants are out of the house and we have been fixing everything we know of. I'm just afraid something will pop up that we didn't catch. The house has a brand new roof and gutters and the floors have all been changed. The sun room had a leak that was fixed. I know the basement has never leaked but since the tenants were responsible for the water heater, furnace, and a/c maintenance I don't know if there will be any surprises there. Do we just disclose that it was a rental property with tenant performing maintenance and we have no records of repairs that were done if there were any in the past 3 years? They made updates to the house without asking us so I wouldn't be surprised if there were repairs with no communication.
@@tiffanydoris3 Excellent questions and thank you for the updates. In short, when you meet up with your Realtor you choose to list your home they'll walk through the required seller disclosures in your state. The purpose of seller disclosures is to disclose honestly and to the best of your ability and knowledge of any areas asked about in the seller's property disclosure. As a best practice, I recommend to sellers to have a home "pre-listing" inspection performed. This is to uncover as many potential issues prior to listing their house. Doing so enables a seller to contact the trades that might be needed for the repairs without being rushed during the closing process or possibly have the deal fall apart. The good news is with the tenant out of the house you'll have no issues getting fast action your listing if prepared, priced, and marketed correctly. It's a super hot seller's market right now, the likes of which we haven't seen since 2004.
Do I have to tell the buyer about the home settling?
Hey MD thank you so much for watching my channel! To be honest with you if your home is settling if it’s beyond just a normal settling crack then yes if you’re thinking if you should disclose it you should absolutely disclose it. I hope that helps. Sending you positive vibes everything goes your way!
@@AndrewFinney since then I have disclosed it just waiting on a few inspections and I love your channel you really help me out with explaining the home owners insurance HMO2&3
Do you have a video about when sellers are allowed to use a “waiver of disclosure” form? Super fishy situation with the house I just bought and discovering foundation issues far worse than inspection noted.
Hi,
I have a question I'd like to ask you. I really hope you can answer this for me. My broker says as long as the water damage in the walls and ceiling ( happened 6-7 yrs ago. Water leak from unit above mine)been fixed by HOA and HOA has record of it, I do not need to disclose it. Is she right? Or do I still need to disclose it? I already signed the disclosure form yesterday and I just watched this video.I'm confused. My agent is quite intimidating. I don't want to ask and bother her. Sigh...
Sounds like you need to find a new agent. You should feel free to ask any questions.
Hi busybee duckling,
Thank you for watching and for sharing with us. It's great to hear from you!
That's disturbing... A sellers real property disclosure is for disclosing anything about the property since the time the current owner has owned the property. Especially with the records be easily available why wouldn't one disclose what happened. In real estate one can never "over-disclose" while one who chooses not to disclose could open themselves up for a lawsuit later on. Something to consider.
If you aren't comfortable with your agent, perhaps you should consider a different agent. A trusted real estate advisor works with you, not against you... Our role is to assist you and partner together as a team. Our client's should never fear or be intimidated by us. Food for thought...
What would you like to see next?
Thanks again for watching!
Enjoy an amazing day!
Thanks,
Andrew Finney
www.andrewfinneyteam.com/
Hi GMOgottago,
Hi PeabodysParadise,
Thank you for watching and for sharing with us. It's great to hear from you!
Yes, you're absolutely right! One should always be able to ask their trusted real estate advisor questions and receive an honest answer. It's about enjoying a respectful, open, honest relationship through the process. One that usually results in new friends.
What would you like to see next?
Thanks again for watching!
Enjoy an amazing day!
Thanks,
Andrew Finney
www.andrewfinneyteam.com/
My house was built in 1949 which possible lead paint. The buyer is buying as is. Should the buyer already know that information? He’s an investor.
do seller need to disclose that the house has tenants in it when they sell the house in CA?
Here in canada. . I only disclose if there was a crime on the property, death, or fire.. Everything else is up to the inspector.
Thank you for sharing Chris! Excellent points! It's always interesting how the "nuances" of real estate change in different areas.
Please let me know what you'd like to watch next. Sending you positive vibes everything goes your way!
Not correct.
The seller has not actually disclosed proof of tenant paying rent or any info on the tenants other than an agreement .what does the seller actually have to disclose about tenants?
This is the answer to tons of questions, it's also a real estate principals course homework assignment at SCC in Fairfield calif. What about if the house is occupied, the seller portrays himself as a trustee of a living trust the agent knows about this as well as the buyer. There's a decision made by judge that does not grant the supposed trustee a UD eviction to trustee turned new owner because lack of proof but they sell my home anyway. Last buyer was well aware of situation or a bona fide purchase but judge well aquatinted with attorney for 6th attempt UD and grants possession. This trio of theives bought 3 properties belonging to my dead grandfather all fraudulently. I had no attorney and did well 5 years fighting off ring of real estate theives until their lawyer hired had UD judge in his pocket.
Sale was March 2020 UD eviction. Was feb 2021
Too late to do anything??
I don’t understand how would any lawyer ever be able to prove that the seller’s didn’t disclose a problem with the house after closing. They can’t read minds, the seller could just say, “I didn’t know.”
Can you name some examples of when a buyer could sue a seller for something that wasn’t disclosed, and actually be able to prove the seller knew about it and lied?
What if you sell it as is?
As Is doesn’t pertain to hidden damage.
What about stigmatized properties, "haunted house"?
Bobcats, other large animals?
Please get in touch.
Living next to a people's cemetary is not scary. I lived next to one for six years, quiet, pretty, and a calming environment. Not a liability.
I report every month for 40 years on parole and been trying to vote for 40 years and can't and it is against the law to protect my own property and with the money maybe l can get my right to vote after 40 years.
I hope Andrew you can help me… I am a disabled vet I will reach out to you very soon. I really hope you can help me.
DOES THE SELLER HAVE TO DISCLOSE IF THERE WAS A MURDER IN THE HOME??? SERIOUS QUESTION ⁉️
Hey N.M. DUKE! Thank you for watching. That's an excellent question and yes a serious one too!
To be honest, it really depends on the real estate laws of the state where you're buying.
For instance, in Las Vegas, NV, it is not a required disclosure if a murder took place in a property while it is required here (and in most states) if the property itself caused a death for unsafe reasons. i.e. mold, structural collapse, etc...
In the case of Meth being manufactured in a property, it also becomes a required disclosure since Meth is highly flammable and if not remediated it could cause a future explosion.
In some states, like California, South Dakota, and Alaska any death on the proper whether by murder, suicide, or peaceful causes is a required disclosure if it happened in the recent last 3 years.
The best practice here is to Google a property you're interested, the check the news section to see if anything of that nature was reported of that nature. There's also a site called "Died In House" www.diedinhouse.com/ that a buyer can use to see if anything comes up.
I hope this helps!
Sending you positive vibes everything goes your way!
What would you like to watch next?
Wildlife?
because he didn't do it without moving so much it made me dizzy to see him
Lol false evidence appearing real. Is that a johnny woo line 😂
I've not heard of Johnny Woo before 😂🤣😅
@@AndrewFinney lol check out the movie pain and gain it's from that.
Cool, ty for the tip. Will do 🎞