Legal Question in Real Estate Law in California

Want to sell country residence, has significant noticable foundation crack in kitchen area that has damaged kitchen floor. Can we cosmetically repair crack (i.e. fill in crack and replace flooring) and disclose to buyer what was done or should we just leave crack as is for buyer to visually see it. How much are we required to do e.g. is it enough just to fill in foundation crack or do we need to have it assessed by structural engineer and have soil analysis done, etc?


Asked on 1/08/10, 12:53 pm

2 Answers from Attorneys

You do not have any obligation to do any work on the house before selling it. Your obligation is to disclose everything listed on the statutory disclosure forms AND anything that would materially affect the value or desireability of the property whether or not it is on the form or not. You do not need to disclose extensive details, much less perform any tests or inspections except the standard wood destroying organism inspections and reports. You simply must make the buyers aware of what you know in enough detail for them to make an informed decision on what details, inspections or tests they want to obtain. They are then free to ask for details, conduct their own inspections or tests, and anything else they wish to do in order to satisfy themselves that they want to buy the property. As for cosmetic repairs, that is a cost/benefit issue for the most part that you should discuss with your realtor. As with anything on the property, there is the question of whether the cost of "sprucing up" will be more than or less than the amount it will increase the likely offers. The only thing you should not do is cover up any details of the defects that would then interfere with a buyer's ability to inspect if they choose.

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Answered on 1/13/10, 1:17 pm
Melvin C. Belli The Belli Law Firm

I agree with Tim and would add it is probably safest to do nothing. If it is it is visible then the buyer can get a property inspection and if they don't they are foolish. If you cover it up and they find it later and it is a big deal then they might accuse you of fraud in trying to cover up a significant structural defect that would have been discovered during their inspection had you not camouflaged it.

Good luck and hope this helps.

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Answered on 1/13/10, 2:01 pm


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