When sellers fill out a Real Estate Transfer Disclosure Statement in advance of listing a house for sale, I often hear something like this:
“Remember that huge rainstorm we had last winter? Right around Valentine’s Day? Some water came in along the bottom of this window. See? But, you know, the wind was blowing in this funny direction. It never blows that way. So we think it was a freaky one-time occurrence. Do we need to disclose it?”
“Yes, you need to disclose it,” I will say.
Then my client will ask, “So how do I disclose that? What do I write?”
And I reply, “Write down what you just told me, but don’t theorize about the cause of the leak or suggest it was a freaky one-time occurrence.”
In other words, when it comes to disclosure, there’s no need to put any spin on the truth.
And when in doubt, dear Sellers, ask yourselves, “If we were buying this house, what would we want to know?” Common sense and kindness go a long way toward protecting everyone involved and upholding the spirit of the law regarding disclosure.
However, full disclosure doesn’t mean a new homeowner isn’t going to have water intrusion problems. When rain comes pounding down for 7 weeks in a row, all that water is going to figure out some new places to go.
It’ll makes it way through foundation walls when the earth becomes saturated. It’ll overflow a lightwell when the drain gets overwhelmed or clogged. It’ll creep in the gap created when the wind blew a couple of roof shingles away.
The problem with water intrusion is that it can be mysterious and difficult to diagnose accurately. Better to have a roof leak – usually easily pinpointed and its resolution pretty clear – than a slow-spreading stain down an interior wall or a puzzling puddle in the basement.
In my role as the always-available real estate concierge, I can help. I can’t (usually) stop the water myself, but I can refer you to appropriate tradespeople. Just give me a call, and remember that eventually wet turns to dry. One way or another.
Cynthia Cummins is a Top Producer and Partner at McGuire. For info on SF real estate visit http://CynthiaCummins.com. This article was re-posted at McGuire.com.
