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Sellers have some disclosure leeway if repairs are made properly

Home sellers don't always have to disclose to a buyer every single repair they have made through the years.

Q. We are getting ready to sell our house. Last fall, we had a plumbing problem in our bathroom that caused some minor damages. We repaired everything, and even replaced our home's entire plumbing system. Are we legally required to disclose last year's problems to a buyer? We are afraid that if we do, it will lower the price that we can get.A. You probably don't have to worry. Sellers usually aren't required to tell prospective buyers about past problems that since have been properly remedied.A disclosure would likely be needed only if you made partial or temporary repairs, or perhaps if you suffered some mold damage. Ask your real estate agent or an attorney for more details.The fact that you replaced your home's entire plumbing system last year could become an important marketing tool when you put the property up for sale. Most buyers know that new plumbing or electrical systems are expensive, so they may be willing to pay a bit more for your house if you warrant that those systems are relatively new.Q. What does the term "effective age" mean?A. Definitions vary, but a property's "effective age" is basically the age that a home appears to be based on its maintenance and upkeep.To illustrate, let's say that you bought a home that was built in 1960, but you have thoroughly remodeled it and have kept it in tiptop shape. The property's actual age would be 50, but an appraiser might say its effective age is only 20.Q. I bumped into an old college buddy of mine in February, and he said he had been left homeless after losing his job several months earlier and then filing for bankruptcy after a nasty divorce. I invited him to stay in my spare bedroom for free for a few weeks, but he's still here today, and I want him to move out. He doesn't pay me any rent, we don't have a written lease agreement and he's making no effort to get a new job. Could I have him arrested for trespassing?A. I guess it's true that "no good deed goes unpunished." You did a nice thing when you offered to let your old friend stay for free a few weeks at your house, but the fact that you voluntarily welcomed the man into your home and offered him a bed means that he's not legally considered a "trespasser" - even though he has obviously overstayed his welcome.Your college buddy, instead, likely is considered a "tenant-at-will." A tenant-at-will usually doesn't pay rent, but can be evicted in 30 or 60 days by a homeowner like you. However, since the man is considered a tenant in the eyes of the law, you can't just forcibly remove him or lock him out.Your best bet would be to give him a written termination of tenancy. If he doesn't voluntarily leave, you will then have to file an eviction lawsuit. Contact a real estate attorney or your local apartment-owner's group for details.Q. We have found a townhouse that we would like to buy, but we're concerned because the development's common areas are kind of run down. The sidewalks inside the projects are cracked and buckling, the recreation room is a mess, and the community's hot tub doesn't work. Our realty agent says we should purchase the townhouse anyway and then run for the homeowners association if we want to make some changes. What do you think we should do?A. Never buy a home in a townhouse or condominium development with the expectation that you can quickly get elected to the association's board and turn its deteriorating common areas around. It's akin to buying a nice house in the worst part of town with the hope of single-handedly improving the entire neighborhood. You can't do it alone.Perhaps the development's common areas are run down because the association's board isn't doing a good job of governing and the residents just don't care. Or maybe the association simply doesn't have the money to make the repairs. Either way, the complex's amenities are likely to deteriorate further, and there's nothing you can do by yourself to stop it.Keep looking. I'm sure you will eventually find a nice unit in a development where the residents realize that keeping their common areas in good shape adds to their quality of life - as well as their property values.bull; For the booklet "Straight Talk About Living Trusts," send $4 and a self-addressed, stamped envelope to David Myers/Trust, P.O. Box 2960, Culver City, CA 90231-2960.#169; 2010, Cowles Syndicate Inc.

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