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Old 06-10-2007, 09:19 PM
 
41 posts, read 305,652 times
Reputation: 41

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This may sound like a silly concern but I'm painting all the doors and trim in my house to prepare it to sell. I'm worried that if they peel and scuff I could get sued for cosmetic problems. Is that possible and do I need to disclose that I painted the doors and trim and include the possibility that the paint could scuff off and peel? I live in Washington state.
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Old 06-10-2007, 10:51 PM
 
Location: Montana
2,203 posts, read 9,320,090 times
Reputation: 1130
In Arizona, it's important to disclose items that have been repaired or that are needing repaired. Has peeling paint on the doors been an issue in the past? If so, it's best to disclose. On the other hand, there's no need to disclose something that might be a problem in the future even though it hasn't been a problem in the past, and there's no indication that it will be a problem in the future. The disclosure statement (in AZ, anyway) is more a repair history on the house. A good home inspector should alert the buyers to any potential future problems.
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Old 06-11-2007, 06:34 AM
 
Location: Palm Coast, Fl
2,249 posts, read 8,895,663 times
Reputation: 1009
I don't know where you are, but painting is a normal general maintenance here and there's no need to disclose it, but it's a good idea to promote that it's recently painted. Paint only gets scuffed if someone does something to it. And peeling would be occuring if the surface wasn't prepared correctly or you are by the sea and the weather is effecting it.
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Old 06-20-2007, 01:17 PM
 
Location: central California
114 posts, read 397,873 times
Reputation: 57
Here is CA we put such comments in the transfer disclosure statement, where an owner has the opportunity to 'disclose' anything that might affect a buyer's decisions. Painting sometimes indicates stains or leaks have been 'coveered up', thereby hiding previous water damage, mildew issues, etc., but if your seller tells the buyer it has been done, the buyer then has the opportunity and the responsibility to have his own inspections to see if there iare further problems. For instance, previous water damage from a leaking roof may already have been fixed, but, a buyer should look into potential mold issues from that previous damage. (at the buyer's expense, typically). If the buyer does not look into this further, and future issues arise, they may be unable to 'sue' because the seller did give them to the best of their knowledge, (most owners do not have mold inspections, even after water damage, so they do not know of the problem, or maybe, want to know). Painting and new carpet are so commonly done prior to selling, that it is not necessarily a 'red flag' to a buyer, but it cannot hurt to question it, in any case. Hope this helps. When in doubt, disclose it, but you don't need to suggest future issues.

Take this example; some people in the country were trying to sell; their neighbors kept telling buyers, when asked, that there was old tractors and stuff under the ground from an old dump area, and maybe even gas and oil from the farming stuff that used to go on.The owners had not lived there as long as the neighbors, so who would you believe. The problem would involve placement of a new home, septic tank, water, etc.

The huge price of the resulting inspection brought forth no proof. Hearsay from irate neighbors caused financial problems, or could have cost a sale. One can only be responsible for what they actually know, and though you can't force people to be honest, there is a limit as to the responsibility of hearsay. (gossip). Anyone else have ideas on this complicated issue of disclose what you know, not suspect? Thanks, I'm always learning.
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