7 Tips to Stage Your Home For the Holidays

During the holidays, it’s hard for homeowners to resist adorning their homes in festive decor. The garland, wreaths, lights, and holly can bring out the cheer in just about anyone, and many homeowners take full advantage of this season to bring out the best in their homes.

While some homeowners may be subtle in their Christmas decor, others might go way overboard and channel National Lampoon in their choice of holiday decor. But when your home is on the market, choosing your holiday decor wisely is important. Although you want your home to be festive, you also don’t want to turn prospective buyers off.

Here are a few tips to make the most of your holiday decorating while still appealing to the tastes of buyers this season.

1. Be Careful With Curb Appeal

You might have your favorite blow-up Santa lawn ornament or have a tendency to overdo it with Christmas lights, but this holiday season, resist the urge to be too eclectic with your choice in outdoor decor. You want to be festive, but you also don’t want to turn buyers off. What may be aesthetically pleasing to some may be tacky to others.

When it comes to your holiday decor, err on the side of caution. Rather than go crazy with the exterior lights and lawn ornaments, focus on a select few items that will still make your home look festive but in a much more tasteful way. For instance, a few shrubs and trees strung with lights and a lovely wreath hanging on your front door are usually all that’s needed.

2. Go Easy on the Indoors

Just like your exterior, your interior should be just as tasteful when it comes to holiday decorating. The traditional home staging philosophy of “less is more” staging should still ring true during the holiday season, so make sure not to go too overboard with your decorations.

A Christmas tree, garland along the handrail, bowls of holly and pinecones, and vases of silver and gold ornaments aren’t overly invasive, but still bring out the holiday cheer in a home that just about any buyer would appreciate.

3. Go Easy on the Colors

Traditional holiday colors like green, red, silver, and gold are staples during this time of year, but other colors have made their way into holiday decor over the years. These days, it’s not uncommon to see hues of pink, blue, and purple make their way into holiday decor.

While these colors might suit some homes, they don’t necessarily go with the color palette of others. If the color theme of your chosen holiday decor significantly clashes with your home’s year-round decor, you might be doing your home’s esthetics a disservice. Instead, consider every room’s color palette and stick with elements that go with it.

4. Accentuate Your Home’s Positive Features

No matter what time of the year it may be, it’s always important to highlight the positive things about your home. That’s one of the cardinal rules of professional home staging, and it applies even with holiday decor. Whenever possible, use your opportunity to accentuate specific components of your home that buyers would find appealing.

Whether it’s your home’s magnificent fireplace, ornate wainscoting, or a prize hutch in your dining room, you can use your holiday decorations to accent these features. Just be sure not to go so far with your decor that you actually camouflage them and take the attention away from them.

5. Make Good Use of Lighting

Lights are part and parcel of holiday decorating, so you definitely don’t want to leave this element behind this season. And when it comes to home staging, lighting plays a crucial role. Illuminating your entire home is an absolute must.

In fact, it’s generally recommended to leave all lights on – including those in closets and under kitchen cabinets – before you leave the home for a showing to take place so buyers are greeted by a well-lit home. Not only does proper lighting help buyers see what they need to see, it can also be used to put the spotlight on the best features of your home.

6. Avoid Religious Decor

Many religious events are celebrated during the holiday season, but not everyone necessarily shares the same one. While your home is on the market, you should try to avoid leaning towards Hanukkah, Kwanzaa, Christmas, or any other religious event when it comes to your decor. Religion has a unique way of alienating people, and that’s definitely not something you want to do when you’re trying to attract as many buyers as possible.

7. Fill Your Home With Sweet Scents

Apple cider, peppermint, cinnamon, clovers, and gingerbread are all scents that are reminiscent of the holiday season. Light a few scented candles around your home that give off these wonderful aromas to please the sense of smell.

The Bottom Line

The holidays are an interesting time to list and sell your home. With the appropriate decorating strategy and a sound marketing plan, there’s no reason why you can’t give yourself the gift of a successful sale this holiday season.

Buyers: 9 Smart Tips For Negotiating a Home Purchase

All homebuyers are looking for a deal, which is why the negotiating process in a real estate transaction is so important. But getting the home you have your eye on at the price you’re looking to pay can be a challenge if you don’t go into the negotiations with a little flair.

You certainly need to employ a few tactics to help get the price down to what you’re willing to pay, and the following tips can help you land the best deal on a home.

1. Get Pre-Approved

Sellers prefer to deal with qualified buyers instead of tire kickers who might express an interest in buying a home but aren’t actually financially capable of handling a mortgage. Being pre-approved for a mortgage is always a good step in the homebuying process and makes you more competitive against other buyers and more attractive in the eyes of the seller.

Besides, a mortgage pre-approval will help you determine how much you can afford. That way you can focus only on homes that are within your price range.

2. Have Your Deposit Check in Hand

Not only will a pre-approval letter help show the seller that you’re qualified and serious about buying, attaching a deposit check with your offer will further seal the deal. Just make sure the deposit amount is enough to intrigue the seller and is in line with what deposit amounts are going for in your market.

3. Study the Market

The value of a home is directly influenced by the market that it is immersed in. Is it a buyer’s or seller’s market? Are homes appreciating in value, or are they stagnant at the moment? What is the supply versus demand profile like?

Identifying the temperature of the market you’re dealing with will help direct which way your negotiations should go and will help you stay in line with what the home you’re putting an offer on is really worth.

4. Go in With Comparables

You’ll have a better understanding of the market and will go in with more negotiating power if you understand how much similar homes in the area have recently sold for. Your offer should ideally be based on what the home is actually worth, and not necessarily what the seller listed it at.

Sellers can essentially list for whatever they like, but that doesn’t mean the listing price is an accurate reflection of what the property is worth based on the current market.

Based on the information you compile from the comparables, you’ll be able to make a sound and fair offer on the home. If the home is listed at market value, there is probably little wiggle room in the negotiation process. But if it’s listed above market value, you may be able to go in with a lower offer and use your research to back up your offer.

5. Find Out the Seller’s Motivation

If possible, find out why the seller is moving. Many sellers are not highly motivated to move, while others are. In the case of the latter, you might be dealing with someone who is eager to get the home off their hands. Whether they’re closing on another home soon or are in need to get out of town to start a new job, you might have a motivated seller on your hands who may be more open to negotiations.

6. Keep Your Contingencies to a Minimum

While you don’t necessarily want to completely expose yourself to vulnerability, you also don’t want to bombard sellers with a list of contingencies that will just complicate the offer. Too many contingencies will make the closing process more complex and time-consuming, which is never a good thing for sellers.

Contingencies play a key role in offers, so consider keeping them clean. The fewer the number of contingencies, the higher the odds of landing the house at the price point you want.

7. Separate Yourself From Emotions

It’s not uncommon for negotiations to get heated. After all, we’re talking about hundreds of thousands of dollars in a single purchase, so you want to make sure you get this right. Not only that, but sellers tend to be very protective of their homes and are not typically willing to hand them over at a price that they may deem to be unfit.

What sellers do is out of your control. But in your case, try your best to keep your cool and remove emotions from the equation. If you don’t end up getting the house, just remember that there will always be another one out there for you to put an offer on. 

8. Accompany a Personal Letter With Your Offer

Sellers are understandably attached to their homes and don’t want to see it get into the wrong hands. Sometimes submitting a personal letter along with your offer explaining why you love the house and how you would turn it into a family home can be just enough to tip the odds in your favor and convince the sellers that you’re the right buyer for the home.

9. Use an Agent

Your best friend in a negotiation situation is a real estate agent. While you can learn everything there is to know about handling negotiations to land a great deal, letting a professional take the reigns can provide you with the best outcome.

Real estate agents are trained and experienced at handling negotiations. They’ll be able to help you find the right property and handle the entire negotiation process on your behalf.

The Bottom Line

When it comes to real estate transactions, negotiating is part and parcel of the process. But how you handle the negotiations can make all the difference in the final outcome. Get familiar with some savvy negotiating tactics that you can employ and team up with a seasoned buyer agent who can help you land the home of your dreams at a price point you can be happy with.

8 Key Components to Successful Home Staging For a Quick Sale

First impressions matter, especially when it comes to what buyers think of a home they’re visiting. If you’re planning to put your home on the market soon, staging is a crucial part of the selling process.

Buyers will be more willing to spend the big bucks on things that they are attracted to, and effective home staging can help give your home that extra something to help buyers develop an emotional connection to it.

The following are some of the key components to a successfully staged home that’s ready to draw in the offers.

1. Boost Curb Appeal

Before your first prospective buyer even steps foot in your home, they’ll be greeted by its exterior. Considering this fact, it’s imperative that the outside of your home is welcoming and attractive enough to encourage them to step through the front door. If you can impress the buyer with the exterior of your home, you’ll set the stage for the rest of their visit.

People often confine their home staging tactics to the interior, but the exterior is just as important. Spending some time improving the curb appeal of your home is time well spent. If your landscaping, driveway, front door, or mailbox need some TLC, give it to them. Boosting curb appeal will go a long way at attracting buyers and closing a sale.

2. De-Clutter

Your idea of a clean and tidy home might be a bit different than that of buyers looking in your area. But how you live and how your home should be presented to buyers might be two different things. That said, it’s important that you include de-cluttering as one of your first steps in staging your home for the market.

Getting rid of any unnecessary clutter is a key component to drawing in buyers and selling your home in a reasonable amount of time. Buyers don’t usually appreciate walking into a home that looks disheveled, so be sure to put everything in its place and remove any unnecessary items from sight. If necessary, consider tossing or packing up items before you list your home on the market to help make de-cluttering simpler.

3. De-Personalize

The goal of home staging is to sell a lifestyle to buyers and to help them visualize calling the place home. But they’ll have a harder time doing that if you’ve got a myriad of family photos and your kids’ drawing plastered about. It might be emotionally tough to do, but it would be best to take down such personal items to help buyers picture themselves living there and get them closer to putting in an offer.

4. Make Necessary Repairs and Upgrades

If your home is in need of minor repairs and updates, consider making them. Tackling small repair and updating tasks can go a long way at attracting prospective buyers. Things such as loose handrails, leaky faucets, and burned out light bulbs should be addressed.

And as far as updating goes, you don’t necessarily have to invest a lot of money if you choose the right projects that make a big difference without the huge cost. Refacing your kitchen cabinet doors, replacing handles and knobs on drawers and doors, and updating light fixtures can make a big difference in your space and even potentially add a little extra value into your home.

5. Paint Your Home in a Neutral Color

You might love lime green or psychedelic purple, many buyers probably won’t have the same tastes. If you want to attract the masses of buyers looking for a home in your neighborhood, your best bet is to neutralize the color scheme in your home. And painting the walls in a neutral hue is the easiest, fastest, most affordable, and most effective way to do that.

In fact, a new paint job can bring in the highest ROI out of any other home improvement project. A fresh coat of paint can brighten up a space and make it feel new again, all while completely changing up the color scheme and appealing to the tastes of buyers. Neutral tones such as off-white, gray, and blue work quite well for today’s sophisticated buyers.

6. Make Good Use of Lighting

A light and bright space can make a home’s interior feel more inviting and comfortable, It can also help to visually enlarge a space, which is particularly useful if your home is short on square footage. Good lighting can also help you put a spotlight on the positive features of your home while minimizing any potential flaws that it may have.

7. Define Your Spaces

Take the guesswork out of the equation for buyers and help them make heads or tails about what each room in your home is supposed to be used for. This can easily be done with appropriately placed and arranged furniture.

When buyers visit a home, they expect that the furniture will be placed in the intended room it was designed for. Clearly defining every room’s purpose is a key part of effective home staging and can help you create selling points for your home.

8. Establish Focal Points

Solidifying a focal point in a room can work wonders, especially if the room does not have much architectural charm or detail. Items such as wall art, a detailed chair, and a fireplace can create a focal point, which can help to anchor a room. Without one, a room can seem off-balance.

The Bottom Line

When done right, home staging can help a home sell faster and for more money. It’s a proven tactic and should never be ignored throughout the selling process. If getting your home off your hands sooner rather than later and attracting higher offers sounds good to you, be sure to take the time to have your home effectively staged for the market.

INFOGRAPHIC: California Sales Report For October 2018

7 Things Buyers Should Know About HOAs

There are so many great reasons to buy into an HOA. Depending on the type of HOA property you purchase, you can potentially take advantage of lower purchase prices, close proximity to amenities and employment opportunities, and have maintenance of the community all taken care of.

But as great as HOAs often are, it’s important to understand all the ins and outs of such housing arrangements.

An HOA – or homeowners association – is an organization that establishes rules that residents of the community must follow and ensures that everyone follows these rules. Such rules are put in place to protect the value of the community and the properties within it and make life as enjoyable as possible for all residents.

The HOA charges a fee to all owners to cover the cost of operation of the HOA and to keep a monetary reserve for any future repairs that may be needed. A good HOA can help to maintain and even improve the quality of life for all residents. But an HOA that is not well managed can make life difficult and can even negatively impact the value of your home.

If you’re a buyer considering purchasing a property in an HOA community, consider the following factors first.

1. There Are Rules to Follow

As mentioned earlier, HOAs have rules in place that all residents must adhere to. It’s important to understand exactly what these rules are before you decide to make a purchase in a particular HOA community, as they may impede on your quality of life.

For example, it’s common for an HOA to dictate rules on the color you can paint your front door or garage doors, what type of vehicle can be parked on your driveway, whether or not you can hang your laundry outside, and whether or not you can have pets living in your home.

Many buyers like the idea of having such restrictions, but others might not. If you don’t think you’ll be able to live with the rules set forth by the HOA, then it might be wise to look elsewhere.

2. There Are Fees to Pay

As mentioned earlier, HOAs charge a monthly fee to all owners, which cover the cost of maintenance of all amenities and common areas. But these fees vary drastically from one community to another.

Luxury communities that offer a variety of top-notch amenities will come with HOA fees that are much higher than average communities with only a handful of amenities. On the other hand, the average HOA community might not have as many amenities, and may therefore not have HOA fees that are as high.

Not only should you make sure to find out what the exact fees are, but what the fees cover. It’s possible that you may not have much use for most of the amenities on property, so paying for them may seem like a waste of money. In this case, you may want to look for an HOA community that has what you would make use of so that paying for their maintenance is money better spent.

Further, compare the HOA dues for the community or building to the average fees in the area. A professional real estate agent would be your best source for finding out this information. Every HOA has reserves that are levied on differing criteria, so comparing them on your own might prove to be difficult, which is why having an agent in your corner will prove to be very helpful.

3. Make Sure the Property is in Compliance With Rules

While you might be fine with the rules of the HOA in terms of what you can and can’t do with your property or unit, there’s always a chance that the property you’re considering buying is not in compliance. If that’s the case, you may be stuck making the necessary changes after you take possession. Or else, you could find yourself in a bit of trouble with the HOA.

4. Attend Meetings and Get a Copy of the Minutes From Previous HOA Meetings

HOA meetings are held by board members where all sorts of important issues are discussed, including financials. If you have the time and availability, consider attending these meetings. Not only will you learn a lot about the health of your community and the people who are managing it, but you’ll also have a chance to ask questions and provide your own input.

If anything, be sure to get a copy of the meeting minutes if you can’t attend because they will outline all the pertinent details discussed during the meeting.

5. You Can Serve on the Board

If you’re so inclined, you may want to consider serving on the HOA board. Typically, the board is made up of elected or appointed owners who are put in their respective positions at annual elections. That said, this position requires a big time commitment and comes with a lot of responsibility. You’ll be making a lot of decisions – including financially – that will directly impact all the residents in the community.

6. Make Sure the Property is Well-Managed

Every HOA community should be run by a designated committee and associated property management company, but not all HOAs are created equal. While some may be overbearing when it comes to enforcing rules and making extra sure that the community is being well looked after, other HOAs lag in their duties, which can be detrimental to the integrity of the community.

Be sure to check into what the HOA board is like and see if they’re taking their job seriously. An HOA without the right leadership could spell disaster for the community down the road.

7. Special Assessments Can Cost You

Ideally, the HOAs reserve fund will have enough money in the pot to cover major expenses that will inevitably occur, such as repairing or replacing the roof, updating the electrical wiring, or repaving the entire parking lot or street. When these tasks need to take place, they’ll require a huge chunk of change, and there should be enough in the reserve fund to cover them.

But sometimes there isn’t, which is where a special assessment comes into the picture. With a special assessment, every unit or household in the building or community will have to pay an additional fee to cover the cost of the repair job. These additional fees can be really expensive, so it’s important for you to ensure that the HOA has enough money in its reserve fund available whenever a big repair comes up.

The Bottom Line

Living in an HOA community offers plenty of advantages that you wouldn’t typically get with your average family home. But there are also a few potential drawbacks if you don’t do your homework and choose the right one. Be sure to work closely with your real estate agent so you can ask all the right questions before making a decision on the right HOA community for you.

INFOGRAPHIC: 10 Most Expensive Places to Rent in the US in 2018

5 Open House Myths, Debunked

Open houses have long been a part of the real estate process for sellers. These small windows of opportunity give prospective buyers a chance to scope out homes on the market to see what’s out there, even if they’re not necessarily ready to buy just yet. More importantly, they give sellers another platform to market their property in order to get as many eyes on their listing as possible.

But even though we all know what open houses are and why they exist, there still persists some myths about them. Whether you’re on the buying or selling end, it’s important to get familiar with some of these myths and the truth behind them.

1. They’re a Waste of Time

Since most buyers typically take to the internet to begin their home search, aren’t open houses outdated and simply a waste of time? After all, buyers have the internet at their fingertips and are able to search multiple listings within a short period of time thanks to high-resolution photos, virtual tours, and video of properties on the market.

But as convenient and innovative as such digital marketing platforms certainly are, there’s no substituting for being there in person. Even though online marketing may grab the attention of prospective buyers, that rarely seals the deal. The next logical step in the process would be to view a property in person. And although buyers can make an appointment to view a home they’re interested in, open houses provide another opportunity for buyers to check out homes on the market.

Open houses are also great for buyers who may not necessarily have started their home search just yet. And by coming across an open house, that may be just enough to pique their interests and get the ball rolling when it comes to getting serious about buying and putting in an offer.

2. They Don’t Lead to Real Sales

Open houses might get a lot of traffic. They might even get a lot of prospective buyers to consider putting in an offer soon if they like what they see. But does that mean they will lead to a sale?

Sometimes they do, and sometimes they don’t. It all depends on the market, the home itself, and the unique situation. There is no guarantee that an open house will definitely lead to a sale. One thing is for certain, however: more traffic means more people will see the home, which can’t be a bad thing. The more eyes on the home, the higher the odds of receiving an offer.

In fact, a recent Inman survey revealed that about one-third of those polled said that an open house played some sort of role in the sale of a property. While a sale as a result of an open house isn’t exactly a sure thing, it can certainly help increase the odds.

3. They’re Mandatory

Open houses usually take place shortly after a listing goes live in order to generate as much interest as possible. A listing’s interest level is usually highest and hottest during the first few days after the listing has been put up on the market, so the idea behind holding an open house during this time is to strike while the iron is hot.

But just because the tactic of holding an open house soon after a listing hits the market exists doesn’t mean there’s no option of forgoing the open house altogether. For many sellers, open houses are not an option.

Whether sellers prefer some level of privacy or anonymity while their house is on the market, or don’t like the idea of having masses of complete strangers meandering throughout their home all at once, they have the option to waive the open house if they so choose. There’s nothing written in a real estate contract that states that an open house is a mandatory part of the process.

4. They’re a Security Threat

The idea of strangers walking throughout the home and snooping behind all doors and drawers can make a seller feel uncomfortable, and understandably so. In fact, security is certainly a crucial factor to consider and account for before any open house takes place, so this particular myth isn’t exactly completely unfounded. But with the right measures in place, open houses are usually pretty safe.

Before an open house takes place, sellers are encouraged to lock up or remove any valuables, medications, or sensitive paperwork that would be an attraction for thieves. Agents hosting the open house are encouraged to keep all windows and doors locked, aside from the main entrance to the open house to make sure others are not able to enter from anywhere else. A sign-in sheet is also recommended so that agents can keep tabs on exactly who visits.

As long as the right measures are taken to secure both the home and the agent, there’s little need to use the potential threat of safety as a reason not to hold an open house at all.

5. Only Nosy Neighbors and Tire-Kickers Will Show Up

Sure, it’s highly possible and even probable that neighbors might show up with the sole intention of just seeing what’s behind closed doors. There may even be those who may have just been passing by and happened to see an open house sign, and decided to pass some of their time checking the place out.

But in addition to these possible visits, there will more likely be those who are considering making a home purchase in the near future and may even be interested in the house in question.

The Bottom Line

There are plenty of advantages of holding an open house. In fact, they’re usually more of a benefit than a nuisance. That said, they’re not mandatory, so sellers can choose whether or not to have an open house after they put their homes up on the market. Savvy real estate agents know exactly how to hold a successful open house and make the most of these two-hour windows of time in order to maximize their use.

6 Things to Consider Before Buying a Foreclosure

Homebuyers are always looking for a deal on a home purchase. After all, who doesn’t loves to save some money? That’s precisely why some buyers choose to peruse foreclosure listings with the goal of getting a discount on an otherwise solid piece of property.

But while deals can certainly be had with foreclosures, these transactions aren’t necessarily cut and dry. There are some potential pitfalls associated with buying foreclosures that buyers should be aware of before they pursue this type of purchase.

Here are some important things that buyers should consider before buying a foreclosed property.

1. Have a Home Inspection Conducted

Although a home inspection should always be done on homes being purchased, regardless of whether or not they’ve been foreclosed, home inspections become even more much important when it comes to foreclosures.

It’s not uncommon for foreclosures to have some hidden issues with them, sometimes deliberately caused by the vacating homeowners themselves. For a few hundred dollars, a home inspection can give you a much better idea of exactly what you’re pouring your hard-earned money into.

Sellers are typically required to disclose all known issues with the home before selling, but when a home is being sold by the bank, this entity is not going to have the type of insight on the property that the previous owner may have had. That’s why a home inspection is so important.

2. Have the Title Searched

It’s wise to have a preliminary title report pulled on a foreclosure property that you’re interested in purchasing. This report will identify whether or not there are any liens on title that you could be stuck having to deal with. Be sure that no hidden liens or encumbrances are on the property that could become big issues in the near future.

It’s so important to make sure that title is clear and that the home truly is for sale. While not very common, situations like these can and do happen, without a title search and title insurance, you could be putting yourself at risk.

3. Assess the Surrounding Area

Of course, having the house itself thoroughly inspected and assessed is crucial, but so is examining the surrounding neighborhood that it’s located in. Look at how other homeowners care for their properties.

Are they keeping up with maintenance, or does it look as if most of the owners have let their properties go? Are there a lot of abandoned homes on the block? Are the surrounding businesses transient? Are there many businesses that are boarded up or have “For Lease” or “For Sale” signs?

You want to make sure that not only is the house in good shape, but that the neighborhood is healthy too.

4. Find Out How Many Other Properties in the Area Are in Foreclosure

One house in foreclosure on the block is already too many, but a handful is just too much. Too many foreclosures in one neighborhood could point to weakening prices and could be an indication that there’s a serious problem that needs to be addressed.

Even if you’re getting a good deal on a foreclosure, you could be investing in a dud if the surrounding market that the house is located in is trending downward.

5. Examine Price Trends in the Area

As already mentioned, you don’t want to invest in an area that appears to be experiencing some level of depreciation. As such, you’ll want to look at the trend in prices in the neighborhood.

Are they rising, falling, or have they just been sitting at the same level for a while now? Data like this can give you some insight into where the area is headed. It can also give you a better idea of how much you should be spending on a property in the neighborhood.

6. Have All Locks Changed

If you do decide to pursue a foreclosure purchase, make sure that you change all the locks on all doors. Not only could the previous owners still have their own set of keys, so could other people, including contractors, appraisers, and anyone else who may have been given access to the property. To keep you and your family safe, it’s important that all locks are changed before you even move in.

The Bottom Line

If buying a foreclosure is on your radar, be sure to work with a real estate agent who is well-versed in these types of transactions. Having an expert on your side can help ensure that you’re protected in all aspects of the transaction so you can get yourself a great house at a great price.

What Disclosures Do Sellers Have to Make?

No home is entirely perfect. There will always be some issue with a property, whether minor or major, that may or may not require some attention to rectify. In fact, some issues with a home could impact its listing price. Sellers who are well aware of obvious issues with their homes typically factor the cost of repair into their asking price in order to remain competitive in the market.

Yet at the same time, sellers are also required to disclose any known issues to prospective buyers. But what exactly needs to be disclosed? Do sellers have to disclose every little issue known about the home?

And what if there are issues that sellers aren’t aware of? If they don’t disclose these issues because they were not made aware of them, could that land them in trouble?

Every state has its own rules surrounding disclosures in real estate deals, and California is no exception. Like many other states, California requires that sellers disclose, in writing, pertinent information about the home they plan to sell.

What is a Disclosure Statement?

In California, the “transfer disclosure statement,” or more simply referred to as the “TDS,” is a statement that is required by law under Section 1102 of the California Civil Code and is applicable to all residential sellers.

Providing this disclosure statement in a timely manner will help to not only provide the buyer with the information needed before making a final decision about whether or not to purchase a home, but it is also something that can protect the seller. That’s because it can be used as evidence in court if a buyer decides to sue a seller for issues with a home that they claim were not disclosed.

But just because an issue is disclosed does not mean you must rectify it. At the same time, the buyer also has the choice of whether or not to fix a problem. That said, as a seller, disclosing as much as you can is always best.

When Do Disclosures Have to Be Made?

There’s no exact deadline that sellers have to abide by when making their disclosures, though sellers are expected to provide them as soon as they can. Obviously, the sooner the buyer receives the written disclosures, the better, as these documents will certainly play a role in the buyer’s decision about whether or not to follow through with the deal.

Some sellers will provide disclosures along with the listing upfront, while others may provide them after a buyer has submitted an offer. At the very least, the document should be provided during the contract contingency period. Regardless, sellers are expected to provide their disclosures in a timely manner before the transaction is complete.

After the disclosure form is received by the buyer, they have the option to cancel the deal if they don’t like what they see. But they’ve got time constraints to work with when making this decision. For instance, if the disclosure form is provided by mail, the buyer has five days to cancel, and if the form is supplied in person, the buyer has three days to cancel.

What Disclosures Must Be Made?

In California, the types of disclosures that sellers are obligated to make in writing include the following:

  • Working condition of any features or appliances on the property;
  • Defects or malfunctions with systems and structures;
  • Flooding or drainage issues;
  • Presence of toxic materials, including lead-based paint, asbestos, radon, mold, or urea formaldehyde;
  • If a death has occurred at the property over the past three years;
  • Details on the home’s property tax;
  • If the home is on a busy roadway;
  • Certification that smoke detectors are properly installed according to regulations.

The Natural Hazard Disclosure Statement is also required by law and includes information about the following:

  • Earthquake faults
  • Problems with flooding
  • Potential of wildfires
  • Other potential natural hazards

You’re not the only one in the transaction that needs to provide written disclosures: your real estate agent is also obligated to provide any pertinent disclosures associated with the transaction, including:

  • The agency relationship with the seller
  • Sales price information
  • Real estate commissions

The Bottom Line

At the end of the day, it only makes sense that sellers should disclose pertinent information about their property before sealing the deal. Not only is it the law, but it’s the ethical thing to do.

The main thing that sellers should know about the transfer disclosure statement is that they’re not guaranteeing or warranting the condition of their home, but rather are informing buyers of its condition. And while they can be a nuisance to have to fill out, they can protect you in case the buyer ever decides to take you to court over issues with the home after they take possession.

INFOGRAPHIC: California Sales Report For September 2018