Home Buyer Beware

home buyer beware
Home buyer tips

Whether you admit it or not, buying a home is a stressful endeavor.  Even if you’ve purchased a home before, the process can be somewhat nerve-wracking and overwhelming.  Taking time out of your already busy schedule to search and visit homes, as well as applying for a mortgage can make life hectic.  So, who needs the added worry that that the home seller and/or listing agent is trying to hide something from you?  Home buyer beware.

Maryland requires the home seller to disclose any known latent defects, regardless if they are choosing the disclosure or disclaimer option. To be clear, the Maryland Real Estate Commission’s Residential Property Disclosure and Disclaimer Statement states that a seller must disclose “Material defects in real property or an improvement to real property that: (1) A purchaser would not reasonably be expected to ascertain or observe by a careful visual inspection of the real property; and (2) Would pose a direct threat to the health or safety of (purchaser and/or occupant).”  Regardless, there is still a “home buyer beware” atmosphere. 

How can you proceed confidently with your home purchase if there is a sense of distrust?  To counteract the home buyer beware phenomenon, focus on “trust and verify.”  The concept of trust and verify is about taking disclosures at face value and exercising due diligence.  To the best of your ability, confirm the accuracy of what is disclosed, as well as investigate any areas of concern.  Many items can be verified online, or by calling the locality where the house is located. 

Home buyer beware

Of course, you should always conduct a home inspection.  However, prior to hiring your home inspector, ask about their scope and limitations of the inspection.  Home inspectors are considered generalists, such that they are not typically an expert in any aspect of home construction, or the home’s structure and systems.  However, they are trained to identify potential common problems.  They will also recommend that you consult an expert for further information on anything that is outside the scope of the inspection.  And although home inspector licensing laws prescribes minimum inspection standards, there is no guarantee that everything will be inspected thoroughly beyond a visual inspection (e.g., chimney or pool).  Make sure your inspector meets your expectations so as to thoroughly inspect all systems of the home. 

If the home was expanded, verify that additions and/or modifications to the home were permitted by the local jurisdiction.  Unpermitted additions can create a number of issues, including having your lender deny your mortgage.  It’s not uncommon for additions/modified items (such as a deck, and even electrical improvements) in a home to go unpermitted.  This is usually because the home owner did it themselves, or hired a contractor who cut the corner of getting a permit.  The permitting process certifies that repairs/renovations comply with local building and zoning codes.  Making sure any addition or home expansion was permitted and passed final inspection gives peace of mind that the completed project meets local building health and safety standards.

Keeping home buyer beware in mind, due your due diligence. There are many other aspects of the home which can be verified, including (but not limited to) schools and zoning.  If you’re buying a home to go to a specific public school, verify that the house is within the school’s boundaries and if there are plans to redistrict.  If you plan to have an air-b&b in your home, make sure the house is appropriately zoned. You should also check zoning and the local planning office to make sure your potential building/addition plans are not restricted.

By Dan Krell
Copyright © 2019

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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

Misguided house makeover

house makeover
House Makeover (Infographic by Allianz Australia Home Insurance allianz.com.au)

Do you really need to spend money to make money?  Deciding what renovations and updates to make prior to your home sale can be tormenting.  It’s easy enough to say that your home needs a facelift; but, the repairs, updates, and painting costs money – and usually lots of it.  The suggestion of making renovations and updates to your home before you sell is everywhere, it’s on TV, the internet, and magazines.  And if you ask friends and real estate agents, they will also give you a list of “must do’s.”  Regardless of how you decide to do a house makeover before the sale, chances are that you’re not doing it right.

There is no doubt that many home buyers are looking for a turn-key home.  If your home is not “out of the box brand new,” you probably need to freshen it up, as well as make some repairs and updates.  But before you embark on the house makeover by making those renovations, you need to ask yourself two important questions: “How much money can I realistically allot for a makeover?” and “How much am I expecting to net from my home sale?

Does a house makeover really get you top dollar? Spending money on renovations will certainly make the home sell faster, but not necessarily make you more money.  And there is no guarantee that the house makeover renovations you make are to home buyers’ tastes.  So if you’re goal is to get top dollar, don’t look at the sale price.  Instead keep your eye on your estimated net (the amount you’re left with after the sale minus total renovation costs).

Of course, the best way to maintain your home’s value is to perform regular maintenance.  It would certainly make the home prep easier too!  But the reality is that many home owners defer maintenance until they feel it’s absolutely necessary.  Deferring maintenance can actually cost more in repairs down the line, and lower your home sale price.  Spending money to correct all the years of neglected repairs and updates prior to the home sale won’t necessarily get you top dollar.

Not all buyers are looking for renovated homes.  One of Stephen B. Billings conclusions in his recent research (Hedonic Amenity Valuation and Housing Renovations; Real Estate Economics; Fall 2015, 43:652-82) was that during the past “healthy” housing market, there was a balance between renovated and non-renovated homes that sold.  However, he also found there was an increase in renovated home sales during the housing downturn of 2007.

Selling your home “as-is” would certainly decrease your sale price, but could net you the same or even more if weighed against extensive renovations of the house makeover.  Consider that you would only recoup a fraction of the cost of a minor kitchen and bathroom remodel; which averages about $20,122 and $17,908 respectively (according to 2016 Cost vs Value Report; remodeling.hw.net).

Concentrate on the basics of decluttering first. Decluttering can make your home look different and feel larger.  Decluttering can set the stage for fo you decide on renovations, and maybe even home staging.

If you decide on freshening up your home before the sale, start with the basics.  Focus on deferred maintenance, and make necessary repairs.  Consider a fresh coat of paint, and maybe new carpets.  Wood floors don’t necessarily have to be replaced or sanded; flooring professionals use state of the art processes to “renew” wood floors.

If you decide on a house makeover, focus first on making repairs and freshening your home. Work out a budget and get several quotes from licensed contractors.  Don’t automatically go for the cheapest quote, even if you’re on a tight budget.  Focus on quality, even if it means limiting the scope of work.  Poor workmanship can sabotage your home sale by making your home look shabby and in need of additional repairs and updates.

Copyright © Dan Krell
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After the blizzard home maintenance

home sales

The warm weather that occurred early in the season probably gave many of us a false sense of security, such that we may have put off the pre-winter inspection. The good news is that it’s not too late; and you should check out your home’s roof, gutters, and the surrounding grounds after the blizzard – even if you’ve already conducted a pre-winter inspection.

The blizzard of 2016 dumped a lot snow, and I’m sure you’ve heard about the collapsed roofs. Even if your roof survived, the stress of the accumulated snow may have caused damage that you won’t see unless you inspect the roofing system (including joists and beams). If your roof is already compromised, the amount of snow or ice it can handle is significantly reduced; and can push it toward failing when you need it the most. Don’t think that your home is immune from such damage; I have experienced home inspections that uncovered a cracked roof truss in an otherwise pristine home.

According to the Insurance Institute for Business & Home Safety (disastersafety.org), the average residential roof is designed to hold 20lbs per square foot of snow; beyond that, the roof system becomes “stressed.” Ten to twelve inches of fresh snow is estimated to apply about 5lbs of stress. And given the equation, the Institute says that an average roof in good condition should be able to withstand the stress of up to four feet of fresh snow. “Old” (compacted) snow and ice applies more force than fresh snow, and should be monitored closely in multiple snow events.

Another source of roof and gutter problems during and after a blizzard stem from ice dams. An “ice dam” is formed by the melting and refreezing of snow (or ice). When an ice dam forms on the roof and/or gutters, the expansion of the ice can loosen shingles as well as create gaps in gutters. Damage from ice dams formed during the blizzard has the potential for future damage from heavy spring rains. Loose shingles and gapped gutters can allow water to penetrate the home via ceilings and walls, in addition to allowing roof water runoff directly towards the home’s foundation.

Inspecting your home after a severe weather event can help identify maintenance issues and prevent future headaches; and in some situations, may uncover an urgent safety issue. FEMA’s 2013 Risk Management Series-Snow Load Safety Guide (fema.gov) lists warning signs of an “overstressed” roof to include (but is not limited to): any sagging of ceiling; sagging sprinkler lines or heads; popping, cracking, and creaking noises; sagging roof members; bowing truss members; doors and/or windows that can no longer be opened or closed; cracked or split wood members; cracks in walls; and/or severe roof leaks. If you observe any of these warning signs, FEMA recommends evacuating the home and consulting a structural engineer to inspect and assess the structural integrity of the home.

The amount of snow that a blizzard delivers can saturate the grounds surrounding your home; and if not drained properly, the ground can become supersaturated during spring showers (which can become a flood risk). Once the snow has melted, check the surrounding yard and remove any debris and downed trees that can impede proper drainage (which can also be a hazard during high winds). Make sure downspouts are secure and functional, so as to deposit water away from the home’s foundation.

By Dan Krell
Copyright © 2016

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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

Real estate horror stories question the limits of seller disclosure

real estateProperty disclosure laws are mostly straightforward about making known the physical condition of a home that’s for sale. However, whether or not to disclose other material facts, that may include events that occurred in and around the home, is not always clear. Material facts about a home are often described as information that may sway a home buyer’s decision about the purchase or purchase price. Some of the more familiar material fact cases that are typically reported in the news include haunted homes and unruly neighbors. Yet, these two recent accounts have again raised the question and debate about what the seller and the real estate agent is obligated to disclose.

Sounding like a plot of a horror movie, it is the real estate horror story of a New Jersey family. Philadelphia’s WPVI-TV (New Jersey family says they are being stalked at new home; 6abc.com; June 22, 2015) reported on a family that was allegedly stalked through creepy and threatening letters. The new home owners started receiving these letters several days after closing on their million dollar home.

The letters were described as written by the “Watcher,” who claimed to be the latest of his family to watch the home with such statements as the home has been “the subject of my family for decades…” Other letter statements include “Why are you here? I will find out…” And, “I am pleased to know your names now and the name of the young blood you have brought to me.”

According to Tom Haydon, who reported on the lawsuit for NJ Advance Media (Lawsuit: ‘Bring me young blood,’ stalker told Westfield home buyers;nj.com; June 19, 2015), the new owners were so disturbed by the letters that they never moved into their new home; and have been trying to sell it. The family is suing the seller alleging that the seller knew about the “Watcher” because the seller did not disclose that they allegedly received a similar letter prior to closing.

You’ve heard about “Snakes in a Plane?” This next story is about an Annapolis MD family who experienced “snakes in a house.” David Collins reported for Baltimore’s WBAL-TV (Snake-infested Annapolis home rattles owners; wbaltv.com; June 5, 2015) about the snake infested home. Detailing the new owners’ nightmare; they said they used a machete as defense against snakes that reportedly dropped from ceilings, and slithered from the walls.

To rid the home of the snakes, the owners described how they ripped out walls, and tore up the ground around the foundation. However the report indicated that “experts” told the owners gutting the home may not guarantee the snakes would return because the snake pheromones and musk could attract new snakes; and that the home should be left vacant for fifteen years to rid the home of the musky odors.

The new owners allege that their insurance will not cover a claim, nor is their mortgage lender willing to help. The new owners are suing the real estate agent and broker for allegedly not disclosing the snakes; there are also allegations that the tenants who lived in the home prior to the sale, moved out because of snakes.

Legal experts across the country have weighed in on these extraordinary stories, only to illustrate how a seller’s obligation to disclose varies regionally. If you are selling a home and have questions about your obligation to disclose, consult your real estate agent and your attorney.

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You are more resilient to winter than your home

home salesDid you know that enduring a harsh winter can make you more resilient? At least that’s what University of Buffalo researcher Mark Seery believes. His research on stress and coping reveals that negative events and adversity promotes adaptability and resilience, which benefits your overall wellness (buffalo.edu).

Your home, however, may not be as resilient as your psyche. A severe winter can create the ideal conditions for water penetration into and around your home. Unfortunately, many home owners won’t know that an issue exists until there is a noticeable leak, or water seeps into the basement. Left unchecked, water leaks can not only cause water damage to ceilings, walls, and basements, it can also promote mold growth as well as structural issues in and around the house.

Ice dams are often the cause of water finding its way into the home. Occurring on exterior coverings, ice dams typically occur through the melting and rapid freezing of snow or ice, which can lift and separate the covering giving water a pathway into the house. Ice dams are common on the roof, lifting shingles and separating chimney flashing; but can also occur on siding and exterior trim as well.

Rather than taking water away from your home’s foundation, blocked gutters and downspouts can be the cause of water penetration into the basement. Gutters and downspouts can become blocked with debris any time of year; however, winter presents additional issues. Snow and ice covered downspouts are sometimes shifted or damaged; while eroded grading can redirect water toward the house.

Part of the home’s drainage system, a sump pump helps to keep water from penetrating into the basement. It is designed to collect water in a basin and pump it away from the home. After severe winter weather, a large volume of melted snow and ice can saturate the grounds and fill the basin quickly. If the pump is not operating properly (or the pump drain is blocked), water can unknowingly seep into the basement.

Winter weather can also affect the home’s walkway and driveway. Freezing water can expand existing cracks, while snow removal and ice treatments can deteriorate the stability and integrity of the materials. Not only can the sidewalk and driveway become unsightly, they can also become a trip hazard.

You may be able to examine much of your home’s exterior by walking around the perimeter. However, it may be necessary to have a licensed contractor to inspect/repair the roof, gutters, and other areas. Although your home may not need maintenance, common items that may need to be addressed include repairing/replacing lifted or missing shingles; repairing flashing; realigning gutters and downspouts; re-grading; testing the sump pump; repairing/replacing broken or missing siding and/or exterior trim; repairing window and door seals; repairing/replacing fascia boards; repairing and/or sealing walkway and driveway; and touch-up painting.

Even if your home escaped busted pipes (which many home owners experienced this year), a leaking roof, or other cold weather crises this winter; it still may be in need of urgent maintenance. As the weather warms, taking the time to check your home’s exterior and making necessary repairs could not only improve your home’s aesthetics, but may also help prevent potential issues and impede developing damage. It should go without saying that this is a priority if you’re planning to put your home on the market this spring/summer.

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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.