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Irwin Law
Irwin Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6851
Experience:  Attorney 40 plus years private practice. Real Estate, Wills, Trusts, Injury claims. Still active.
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I signed to list my home with a realtor on 10/17. The

Customer Question

I signed to list my home for sale with a realtor on 10/17. The realtor recommended seller inspections which I did. 1. Are the reports now part of disclosure / public records
(home is not on the MLS yet but in what is called pocket listing). 2. Some of the report items are easy fix. I could take care of it. If I do is that become part of disclosures and is it sufficient for the item to be considered cured (since I'm not a certified construction professional). If not than there is no point in doing the work. Thank you.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.

I signed to list my home for sale with a realtor on 10/17. The realtor recommended seller inspections which I did. 1. Are the reports now part of disclosure / public records (home is not on the MLS yet but in what is called pocket listing).

Response 1: Yes. See the attached PDF.

http://www.dre.ca.gov/files/pdf/re6.pdf

2. Some of the report items are easy fix. I could take care of it. If I do is that become part of disclosures and is it sufficient for the item to be considered cured (since I'm not a certified construction professional). If not than there is no point in doing the work. Thank you.

Response 2: Yes, if the repairs would cost less than $500.00. For instance, you do not need a license to perform repairs as a handyman if the value of the project is less than $500.00.

Customer: replied 1 year ago.

So if I'm understanding you correct:

If any of the items recommended for repair is a $500 or less in value (on a per item basis) I can perform the work as an unlicensed handyman. The item will be considered as cured and my agent will be legally able to add the repairs to disclosures.

Q:

Does this apply to any item (i.e. pest report - treat locally or minor electrical work for example-where the trade itself is license based)

How do I determine value per item if an estimate is not provided

How do I substantiate completion of a repair

What do I provide my agent with to enable her to update the disclosures-will my statement suffice

Expert:  Phillips Esq. replied 1 year ago.

Because I do not have ALL the answers to your follow-up questions, I will opt out and give another Attorney the opportunity to further assist you.

Customer: replied 1 year ago.

OK.

On a related matter. the home inspection report contains inaccuracies and incorrect statements.

for example-1."can't locate gas shutoff valve for kitchen range-the range is electrical.

2. "I have determined that more downspouts are needed for the gutters system to avoid overflows"-one of the first things we did when we bought was to consult a roofing contractor that said that with such a short roof line-the downspouts are sufficient

So what does that mean-add a statement addressing those issues to disclosures? can't have this report as part of disclosures (my preference)? go back to the home inspector and ask to correct (quite a few of those and right now I rather focus on selling the home). Thank you.

Expert:  Irwin Law replied 1 year ago.

Hello. Another expert here and I will attempt to answer your question.Generally, the purpose of the seller having an inspection done prior to listing is to correct defects which a buyer's inspector will most certainly note, and which will require repair. That slows down the closing. In addition, defects which have been repaired are generally not required to be disclosed on the Sellers disclosure of conditions report because a repaired item is no longer a defect. The purpose of the Sellers disclosure is not providing the buyer with a repair history. Things like the downspout issue are not required to be disclosed when a contractor says that the downspouts are sufficient as is. You must disclose only what is a known defect condition, not what an inspector thinks is a better system. I hope that this information is helpful.

Customer: replied 1 year ago.

Disclosures are one thing but my understanding is that the report itself will become public records / my broker will provide it to potential buyers and hence it is important to add corrections and responses to disclosures.

Expert:  Irwin Law replied 1 year ago.

Changes in conditions call for a new disclosure form to be given to prospective buyers. Also, The disclosure forms are usually signed off on at closing by both buyer and seller documenting that no changes have occurred between the date of the disclosure in the date of closing. Please rate my answer at this point. And thanks for contacting JUST ANSWER.

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