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Old 06-26-2012, 12:20 PM
 
Location: Salem, OR
13,741 posts, read 31,562,927 times
Reputation: 12105

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Quote:
Originally Posted by Hugadog2012 View Post
Thank you for all your input. Besides the roof leak, we've had other issues... varying from a costly gas leak (non permitted line) to gophers ripping up the back yard (per neighbors, a "constant" problem)... so not very trusting about the disclosure provided. And...I realize that "things happen", but the surprises are a bit unsettling. The roof leak could have been old, true, but seems covered up for various reasons.

Bottom line, I guess I don't understand what the purpose of disclosure is if someone can say anything they want and not be held to prior disclosure...

A retired broker collegue of mine told me that old closing info (for California) used to be available on microfiche at county offices. Not sure if that is still true... ?
Those are only documents that are recorded at the county. Disclosure forms are not typically recorded with counties.

As for the disclosure forms, buyers need to take them with a grain of salt. Yes, most sellers are honest on them, but the burden of proof lies with you to show that they lied. It is a lot harder than it sounds. So yes, in theory it seems pretty obvious that the sellers knew and didn't disclose, but you have to disprove their "we didn't know" response. It's that whole "beyond a reasonable doubt" thing we have going on here. Out here, gophers ripping up the yard isn't a material fact. That's like buying an acreage property and someone having to disclose that deer wander in the yard and eat your plants, or that there was a cougar sighting in the green space behind the house. Not sure how CA defines those things though.
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Old 06-26-2012, 12:43 PM
 
3 posts, read 10,698 times
Reputation: 10
Thanks Silverfall, I will check with the county just in case and report back.
It's too bad about the disclosures. My father was an attorney and always told us to disclose EVERYTHING on our past home sales. I guess I may have been wrong in assuming everyone is honest. I sure wouldn't want someone coming after me after close.

Our disclosures ask:
Is there any evidence of, or has the property been treated for, or repaired due to rodents, termite, structural pests?

Last edited by Hugadog2012; 06-26-2012 at 01:43 PM..
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Old 06-26-2012, 12:54 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 18,535,708 times
Reputation: 6356
Quote:
Originally Posted by Hugadog2012 View Post

A retired broker collegue of mine told me that old closing info (for California) used to be available on microfiche at county offices. Not sure if that is still true... ?
The public record that is recorded at the county does NOT include paperwork like disclosures. Just the deed and deed of trust in a financed property.
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Old 06-26-2012, 12:56 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 18,535,708 times
Reputation: 6356
Quote:
Originally Posted by Silverfall View Post
That's like buying an acreage property and someone having to disclose that deer wander in the yard and eat your plants, or that there was a cougar sighting in the green space behind the house. Not sure how CA defines those things though.
Believe it or not, our Transfer Disclosure Statement actually has a question about that.
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Old 06-26-2012, 06:10 PM
 
Location: Knoxville
4,135 posts, read 19,732,027 times
Reputation: 4727
If the sellers bought the house 3 years ago they may not have known about the roof leaks, nor had any idea the age of it.
I'm not saying they didn't know about the stuff, I'm just saying that its possible they didn't.

Someone buys a house and is told the roof is "about" 8 years old. It may be 5, or it may be 11, but the new person locks into the 8. When they sell it a couple years later, they tell people its 10.
UNless a person living in the home has had the work done themselves, or there are date stamps on equipment, they really have no idea the true age.

Many old homes have stains in the attic, and don't leak. The stains were many times from the roof before. Its really impossible for a roofer to determine when a roof leaked (unless its wet, or he has been there before and din't see any stains).
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Old 06-26-2012, 07:42 PM
 
Location: Salem, OR
13,741 posts, read 31,562,927 times
Reputation: 12105
Quote:
Originally Posted by DMenscha View Post
Believe it or not, our Transfer Disclosure Statement actually has a question about that.
I should have known. Your disclosure statements are incredible.
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