Seller Resources - Articles

Selling Your Home - Disclosure

Whose Obligation Is It To Disclose Pertinent Information About A Property? The Seller is required to disclose all facts materially affecting the property that are known or accessible. This includes but is not limited to:

  • Homeowner's Association Dues
  • Any Restrictions on the use of the property - Zoning & Association
  • Permits for Work Done on the house
  • Presence of any neighborhood nuisances
  • Noises which a prospective buyer might not notice i.e. Dog barking at night
  • Poor TV reception
  • Death that occurred in the house within three years

What Are The Standard Contingencies?
Most purchase offers include standard contingencies:

  • Financing - the sale is dependent upon Buyer qualifying and obtaining a loan
  • Inspection - Buyer should have professionals inspect the property to Buyer's satisfaction. 
  • Seller to maintain property in its present condition until closing
  • Title - Seller's ability to provide a clear title

    Do I Need An Attorney When I Buy A House?
    You do not need an attorney in California.

    What Repairs Should The Seller Make?
  • If the Seller is aware of any safety items they should be repaired prior to listing the property for sale. 

    Do sellers have to disclose the terms of other offers?
    Sellers are not legally obligated to disclose the terms of other offers to prospective buyers.

    Will A Neighbor Problem Reduce The Value Of My Property?
  • It may reduce the value.  A cluttered landscape next door can detract from the positive aspects of your home.
  •  Review your local laws which should be on file at the public library, county law library or City Hall. A typical "junk vehicle" ordinance, for example, requires any disabled car to either be enclosed or placed behind a fence.
  • Most cities prohibit parking any vehicle on a city street too long. It also may be worthwhile to check into local zoning ordinances.
  • An operator of a home-based business usually is required to obtain a variance or permanent zoning change in residential areas.
  • In addition, if a neighbor's repair work produces loud noises, he may be breaking local noise-control ordinances, which are enforced by the police department.
  • Before bringing in the authorities, you may want to make a copy of the pertinent ordinance and give it to your neighbor to give them a chance to correct the problem.

* "Neighbor Law: Fences, Trees, Boundaries and Noise," Cora Jordan, Nolo Press, Berkeley, Calif.; 1991.

Berkshire Hathaway Home Services California Realty
Berkshire Hathaway Home Services California Realty