Real-estate contracts have grown lengthier. And new potential problems — such as your home turning out to be a former meth lab — have emerged. As a result, many home buyers and sellers may not have all the information they need to make sure their rights are protected, says Adam Morrow, a lawyer and real-estate agent with Sound Counsel Realty in Seattle.
“Basically, people get into trouble because they rely on real-estate agents for legal advice, which they’re not qualified to give,” he says.
These are some of the most common legal snarls that entangle home buyers and sellers.
The liability box. Home-sale contracts have a form called the Real Estate Transfer Disclosure Statement. Otherwise known as Form 17, this page has a very important little box. If a seller checks the box, they agree the buyer can sue them if they later discover a problem. If they leave it unchecked, the buyer can’t.
It’s a critical item that sellers and buyers should negotiate on, says Marc Holmes, a broker and a lawyer at Craig Blackmon in Seattle. When he’s advising buyers, he tells them to make sure it’s checked; sellers, he advises to leave it unchecked.
“No” vs “don’t know.” Seller-disclosure forms list possible house problems, from rats to septic trouble. The choices are to say “yes,” “don’t know” or “no,” meaning the seller knows the problem doesn’t exist. Many sellers check “no” as it seems more reassuring to buyers, even if they don’t really know. But the “no” answer opens the door to future lawsuits if a problem is found later. Read the rest of this entry »
Posted by Chris
Posted by Chris