'Hazard du jour'
January 18, 2007 by Patrick McClellan| Hazard du jour Another tsunami washes up on US My post in late December 2006 discussed the tsunami threat along the US coast. It noted two tsunamis that affected the US last year, and pointed out that the tsunami hazard is important to disclose in coastal real estate transactions. Well,...they're baaack! The first tsunami of 2007 occurred last Friday in the Pacific Ocean, triggered by a magnitude 8.2 earthquake along the Kuril Islands northeast of Japan on January 12. (This is the same undersea fault zone that caused the November 15 tsunami I described in my earlier blog.) Communities along entire West Coast, including Alaska and Hawaii, were notified by broadcast radio news and scrolling television bulletins about the tsunami's approach. The highest waves in the US were along California's north coast, where the tsunami reached 8 inches above normal tide levels (at Crescent City). The main impact: Coastal neighborhoods are now aware of this hazard. Shouldn't you be disclosing it to your buyers? (See this NOAA webpage for some helpful educational resources you can use.) |
A new feature of the Property Disclosure Blog: Current events the seller probably should have disclosed, but didn't.
This is the stuff of which non-disclosure lawsuits are made. (We could cite examples from case law to make the point, but real events "ripped from the headlines" are much more interesting!)
It's been estimated that up to 80 percent of buyer lawsuits against the seller"?or the seller's agent and broker are over non-disclosure issues. Some involve undisclosed agency representation, settlement practices, or gainful affiliate relationships.
But most, we suspect, are due to"?some hazard or property condition that was common knowledge ("the whole neighborhood knew about it!"), but nobody told the buyer -- who might not have purchased the property had the seller mentioned it.
You'd be surprised how naive an out-of-state or foreign buyer can be about local property issues ("they have earthquakes in California?").
Think about it. As the ad copy says, "Nobody knows [insert city] real estate like our local agents!" It's true. Real estate agents are (or should be) experts in the local issues where they do business. Buyers depend on -- and pay for -- that local expertise.
Outside of their core territory, however, the agent's local expertise becomes shaky. A little-known utility hookup fee, a quirky water-conservation plumbing retrofit ordinance, an obscure landslide abatement area, or a potential dam-failure inundation zone -- hazards that should be disclosed at the point of sale, can easily be overlooked by an agent unfamiliar with the local real estate landscape.
(And this has brokers worried, by the way! As the market softens, agents are taking listings farther from home to make ends meet, selling property several counties away or even across the state --"?where they are not necessarily local experts.)
Even seasoned agents can step in it big time when"?practicing outside of their own familiar market. So, it's no wonder that out-of-area buyers, who aren't real estate experts to begin with, can be blindsided by the relative horrors of seasonal brushfires, tornado alley, earthquake country, ceiling geckos, and tub scorpions -- facts of life that come with the property -- that local residents take for granted.
Buyers are frequently ignorant of the history, experience and conditions that are considered "run-of-the-mill" within the neighborhood. Discovering hazards after the purchase can lead to a lawsuit (which can be costly for the agent and broker even if they prevail).
As always, the best rule of thumb is: Disclose. Disclose. Disclose.
Hence, we dedicate here the inaugural issue of "Hazard du jour": a sidebar of something significant that someone could sue you"?for, if the seller fails to disclose it.
Today's Hazard du jour: Remember that tsunami threat I mentioned last month? Another one woke up the West Coast just a few days ago....
If you see a "Hazard du jour" that you think merits a sidebar, lemme know. I'll see if I can work it in!














Post new comment