Agent questions disclosure requirements
Q: After we bought our home, we learned the next door neighbors are dealing drugs. The police have raided the place twice in three months, but the illegal activity continues. The sellers never disclosed any of this when we bought the property and have since moved out of state, so we have no recourse. To make matters more interesting, the people across the street just listed their home for sale, and their agent told them that the neighborhood crime wave does not need to be disclosed to buyers. He says it is a "gray area in the disclosure law." What are your thoughts on this shady situation?
A: The agent for the upcoming sale has a distorted perspective regarding real estate disclosure. He is apparently asking himself, "What do I legally have to disclose?" rather than, "What would I want to know if I and my family were the buyers, and how should I be representing my clients?"
Living across the street from people who are at odds with the law affects the value and desirability of every home on the block, not to mention the safety and security of children and other residents. Whether the law specifically mandates disclosure of such conditions is irrelevant, morally and ethically.
As a licensed professional, your neighbor's agent should realize that the circumstances in question - criminal activity in the neighborhood - could be decisive to prospective buyers, and that failure to disclose such information could motivate some people to file a lawsuit against the agent, the broker and the sellers. In today's litigious environment, failure to disclose every questionable aspect of a property is plainly foolish. In any environment, it is simply dishonest. Some people just don't get it until it's too late.
Q: I'll be traveling during the winter months and want to winterize my home. Some friends have recommended draining my water heater and turning off the gas. Others say this is not a good idea. What is your opinion?
A: It is generally not a good idea to turn off a water heater completely. Major temperature changes in a metal fixture can cause significant expansion and contraction of the components. If you allow your water heater to become cold, all of its constituent parts will shrink. When you relight the burner at a later date, re-expansion of the fixture could cause leaking at the fittings, and replacement of the unit might then be necessary. The recommended procedure when you leave home for an extended period is to turn the water heater thermostat to the "vacation" setting. The pilot light will remain lit, maintaining a slightly warm water temperature within the unit until you return home.
When leaving your home during the winter months, it is also unwise to turn off the heating system. If the air temperature in the house should drop below freezing while you are away, water pipes could split open, causing major damage to the building and its contents. So be sure to leave the heater thermostat turned on at the lowest setting, usually between 50 and 60 degrees.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
© 2020, Action Coast Publishing