Showing posts with label real estate disclosures. Show all posts
Showing posts with label real estate disclosures. Show all posts

Thursday, April 2, 2015

Pest inspections protect home buyers and sellers from hidden hazards.

When you’re buying or selling a house, there are many disclosures, inspections and safeguards in place to protect both the buyer and seller. But perhaps none is more important than the termite inspection, also called a pest inspection.  In fact, making sure the house you are buying (or selling) is free from harmful critters, water hazards, and other wood-destroying pests of mass destruction is so crucial that most lenders mandate you have to sign off on your pest report before they’ll issue a mortgage.

Why all the caution?
Termites, dry rot, and the other hazards they’re looking for in a pest inspection can cause irreparable damage to your home. The damage is often hidden below subfloors, structural beams, or inside the wood that makes up your home, making detection nearly impossible until it’s late. Left unchecked, these issues can cause thousands of dollars worth of damage or, in extreme cases, even make the home unlivable. Even more scary, moisture problems can be a breeding ground for toxic mold and pest infestations, both of which could harm your family.

Can you keep termites away forever?
And it’s impossible to completely protect your home from these conditions, only keep an eye on them and have your home inspected at intervals. That’s why pest inspectors always say there are only two types of homes: those that have termites, and homes that will have termites.

Is a pest inspection required by law?
California state law actually does not require a pest control inspection report with the sale of property. However, the mortgage lender almost always wants to see a pest report and certification that certain items have been cleared.

Why are mortgage lenders interested in your pest inspection?
Banks want to diminish their risk and protect their investment, so they only want to lend money on a property that isn’t in danger of rotting away and falling over!

Mortgage lenders and pest reports usually differentiate between two categories of information: Section 1 items and Section 2 items. Section 1 documents active infestations and damage, while Section 2 outlines the conditions that could lead to further Section 1 damage. Some types of loans, like FHA and VA, do require Section 2 items are addressed, too, before they’ll sign off on the loan.

Who is qualified to conduct a pest inspection?
In California, pest inspection companies need to be licensed and in good standing with the Structural Pest Control Board (SPCB).

You can contact the SPCB at:
Or call 1-800-737-8188
Or 916-561 8708 in Sacramento

Of course or buyers and sellers have used many pest inspection companies, so contact us if you’d like some recommendations.

What exactly is a pest inspection?
A pest inspection is a comprehensive visual inspection of the subject property that’s looking for evidence of termites and other pests, as well as water damage, rot, and conditions that manifest in infestations. The inspector will look outside, inside, in crawl spaces, attics, and areas that are accessible, but not normally accessed. Of course they can’t see behind walls, under carpet, and in concrete slabs, etc. but inspectors are adept at working around these inaccessible areas and still detecting evidence of problems.

A pest inspection usually runs about 45 minutes to 1½ hours depending on the property and what they find. Inspectors don’t normally go through out buildings like sheds and pool houses unless specifically requested.

What is the pest report?
After they conduct the pest inspection, the termite company will put together a detailed report with all of their findings. The report will break down both Section 1 and Section 2 items that were discovered. These are documented in writing and also in the form of a diagram of the house and the areas of concern.

The second part of the report is an estimate to repair the Section 1 and Section 2 items. The seller (who usually pays for Section 1 pest work) is under no legal obligation to use the pest company to perform this work just because the company did the report. They can have a licensed contractor do the repairs needed and then call the pest company to come back and inspect, clearing Section 1 pest work and issuing an amendment to the report so the real estate transaction and mortgage can commence.

Once inspected, the pest company must deliver this report to the person who ordered it within 10 days, though it is usually openly shared with the other agents and parties to the real estate transaction. These reports are kept on file with the pest company for three years.

What are they looking for in pest inspections?
Inspectors are looking for damage and signs of an active termite infestation along with many other hazards, including other wood-destroying organisms, fungus (dry-rot), and holes in the wood. They’ll take note of signs that pests were once there even if they don’t appear to be still active, dead insects and termite tubes. Inspectors also thoroughly investigate places where water is leaking, dripping, standing, and especially where earth meets any wood, all breeding grounds for future problems.

What are the most common wood-destroying organisms?
Subterranean termites are the most common variety of termites and the ones that can cause some of the worst damage to a home. They build their nest in the ground and travel via mud tubes to get food. They can enter a structure through cracks, expansion joints, hollow bricks or concrete blocks around plumbing and in any opening as small as 1/32 of an inch, but they’re most prevalent anywhere that bare wood touches soil, especially if it’s wet.

There are other kinds of termites, like dry-wood termites that don’t nest in the ground but have wings and fly right into wood structures. You’ll often find these above ground level like in window frames, door frames, and the wood trim on the outside of your house.

Wood boring beetles are probably the second-biggest pest hazard to your home. They bore into the wood and leave numerous slots or holes and debris where they entered the wood. These beetles can attack the substructure like subfloors, joists, and piers, so they’re particularly dangerous.

Damp-wood termites, carpenter ants, wasps, bees, and rodents are other critters that pest inspectors may point out.

Dry rot is another blight to the wood structure, but the name is somewhat misleading because it’s actually a fungus that’s caused by excessive moisture, not dry at all. When wood is consistently getting wet, the fungus grows and spreads into the fibers of the wood, rotting and softening it, and eventually causing structural damage. The fungus that causes dry rot needs oxygen, water, and a food source (cellulose - or wood) to survive, so in the absence of protracted moisture it cannot live.









Monday, February 9, 2015

What every homeowner needs to know about lead based paint.


Buried somewhere in the stack of paperwork when you buy or sell your home in California, a single form stands out: the lead based paint disclosure. In fact, if you are buying, selling, or renting out a home that was built before 1978, federal law requires certain information about lead based paint is provided, buyers have a 10-day period to check further for lead, and landlords must disclose specific knowledge or warnings to tenants.

Most people sign it and move on, but it’s important to know why that disclosure is in there and why understanding the risks of lead based paint is so vital to keeping your family safe.

About Lead-Based Paint.
Before the 1980s, the presence of lead was widely used in many products, most notably as an ingredient in the gasoline we bought at the pumps and in common house paint. Once it was found to have extremely adverse health effects, the federal government banned the use of lead in those products. (Have you ever noticed we pump only unleaded gasoline these days?) 

While lead in paint used by consumers was banned in theory in 1978, it was still allowed as a trace element, with the maximum legal percentage decreasing over the years.  In 1965, most house paints contained 50% lead. In 1965 that was dropped to 1% and followed a schedule of reductions from there, including .25% in 1992 and 0.1% in 1997.


Where can you still find lead paint in the home?
Obviously, if your home was built before 1978, there is a good chance you have lead based paint in your home. Lead based paint was popular because of the nice sheen and durability it provided and most commonly used on:
Stairways
Railings
Bannisters
Porches
Doors and door frames
Baseboards
Painted radiators and pipes
Windows, and window stills

The health hazards of lead based paint.
Lead is a highly toxic metal that can cause a variety of serious health issues if ingested or absorbed into the body. When absorbed into the body, lead can cause:
Brain damage
Kidney damage
Nerve damage
Blood disorders
High blood pressure
Digestive problems
Muscle and joint pain
Memory and concentration problems
Stomachaches, nausea, tiredness and irritability

If a woman is pregnant and takes in lead based paint traces, it can inhibit the development of the fetus or cause high blood pressure in the mother.

What about children?
Young children are especially susceptible to the dangers of lead based paint. In children, lead based paint poisoning may manifest as:

Nervous system and kidney damage
Learning disabilities and attention deficit
Speech, language, and behavior problems
Poor muscle coordination
Decreased muscle and bone growth
Hearing damage
Seizures

How does lead paint get transmitted?
The biggest risk is if little children eat paint chips that contain lead, put their hands on lead-based paint dust or paint chips and then in their mouths, or play in lead-contaminated soil. Likewise, adults or children who breathe in lead dust are at risk.

Children under 6 years old are particularly susceptible because their brains and nervous systems are more sensitive to the toxicity of lead. Small children often put their hands everywhere, are crawling or playing on the ground.

Are you automatically in danger if your home was built before 1978?
The good news is that the presence of lead paint doesn’t mean you’ll get sick or have health issues at all. Lead only becomes transmissible when it’s disturbed and then ingested, so if the paint is in good condition and not absorbed, there’s no problem. Like we mentioned, that usually happens when paint is flaking or peeling and small children then pick it up, eat it, or get it on their hands.

But it can also easily happen when remodeling a home built before 1978 because of the dust caused during the construction process. When surfaces are agitated by sanding, scraping, grinding, chipping, sand blasting, or torn out for demolition, lead based particles can become airborne in the dust and easily breathed or ingested. Any construction processes that use heat guns or open flame torching are also particularly prone to activate lead.

It’s not just those places we mentioned before where lead based paint was prevalent, but homeowners should be cautious about peeling paint on ceilings, walls, metallic surfaces, enamel paint, and primers that were pink or red.

What precautions can you take against lead based paint?
 If you have peeling or flaking paint, controlling dust and any loose particles is key.
Wipe down flat surfaces with a damp paper towel and then discard of the towel immediately.
Wet mop floors to keep dust down.
Vacuum carpets regularly in rooms you suspect have lead based paint. You can find a good vacuum with a HEPA filter or a "higher efficiency" collection bag.
If you do find loose paint chips, pick them up with a damp paper towel and discard of them and the towel immediately in a closed container.
Look out for exterior porches, bare patches in the soil or garden, and other areas children may spend time.

How about remodeling?
When remodeling it’s especially important to be cautious of surfaces constructed or painted before 1978.  Make sure to contain dust in any room you’re working in with plastic covers and door slips. Plastic off air vents and registers so lead particles don’t get sucked up into the heat and AC ducts. Use certified contractors who follow all the precautions and federal and state guidelines for lead. 

But remember that if you do find lead paint, it doesn’t mean you have to go through a lengthy, intensive, and costly abatement process like with asbestos. If lead paint is in decent condition, you can paint over it with several coats of modern, lead-free paints, which will effectively seal the toxic lead as long as the surface coat is in good shape.

Testing for lead in the home.
There are several ways you can also easily test your home for harmful lead. There are DIY kits you can purchase at Home Depot or hardware stores that allow you to test paint, more sophisticated measures used by professionals, or you can call in a local or federal agency to test if you suspect high levels of lead. The government has set out acceptable levels of lead in the home as:

40 micrograms per square foot (μg/ft2) for floors, including carpeted floors
250 μg/ft2 for interior windows sills
400 μg/ft2 for window troughs
400 parts per million (ppm) and higher in play areas of bare soil

According to the Centers for Disease Control, lead levels above 5 micrograms per deciliter are cause for alarm and public health action.

If you rent your home then ask your landlord to address any peeling or flaking paint and document everything. If you’re a landlord, your responsibility starts with knowing when your home was built, last painted or remodeled, and if there’s the possibility for loose lead based paint.

Have your children tested.
It’s important to have all children tested for lead levels in their blood, optimally between the ages of 1 and 2 because their lead blood levels tend to rise sharply between 6 and 12 months. They should have a second test between the ages of 3 and 6 because levels tend to peak around 24 months of age. Your state or local health agency has recommended screening plans they outline, and doctors and family physicians are aware of these issues.

Where to get more information about lead hazards:
U. S. Department of Housing and Urban Development (HUD)
Consumer Product Safety Commission (CPSC)
U.S. Environmental Protection Agency
National Lead Information Center at epa.gov/lead, or contact at 1-800-424-LEAD.

Tuesday, July 15, 2014

Selling a haunted house can be a ghastly affair without full disclosure.

Some people believe in ghosts and spirits that curse certain homes, spooking the occupants. Others think that the notion of haunted houses is nothing but a 365-day Halloween - irrational fear mixed with a healthy does of imagination. But what happens when these people are buying or selling a home they believe to be haunted? In real estate practice and under the law, what are the obligations for a seller to disclose they’ve been living in a home with paranormal activity?

Believe it or not, the problem is more prevalent than you might think, and there are even a few legal precedents in place. When I Googled, “Selling a haunted house,” over 3.2 million results came up! Of course they technical definition of a home that’s visited by Casper isn’t ‘haunted,’ but they fall under the classification of ‘Stigmatized Properties,’ in the legal and real estate world. Stigmatized Properties (SP) are properties that may be devalued because of circumstances or events in their history, not their physical condition or layout.

In real estate, SP’s include if someone was murdered on the property, died of AIDS, if there was a meth lab run out of the house, etc. But you can add to that list the belief that a house is haunted. It’s hard to prove, but the seller does have set obligations.

The specific disclosure laws vary state to state, but usually the seller does have a duty to disclose ‘material facts’ about the property and its history. Those disclosures fall under one of two umbrellas: demonstrable (physical) or emotional facts. We know what demonstrable material facts may look like – mold or mildew, close proximity to a prison or an airport, etc. But how about emotional facts? 

The most common of such disclosures is if a murder occurred under the property. Under California Civil Code 1710.2, a death on the property (not just in the home) must be disclosed to a buyer if it happened within the previous three years. Additionally if a buyer inquires, the seller must disclose any knowledge of any deaths, regardless of timeframe. For that reason, many real estate firms use a supplemental disclosure form that asks just that. 

According to the National Association of Realtors, about half of all states require some sort of disclosure of material or emotional facts that would probably include the belief that a property is haunted. It’s not necessarily about buying into the seller’s spiritual beliefs but identifying any stigmas that may affect the value of the property, for any reason. Just as a seller has to disclose property taxes, construction done without permits, and lead paint, they have to spill the beans about the reputation of the property being haunted - warranted or not. 

Why? It’s all about ensuring fair value. A study by two business professors at Wright University concluded that homes where a murder or suicide occurred take 50% longer to sell and close at an average price 2.4% less than non-stigmatized comparable properties. A California appraiser who specializes in value diminution is on record that a well-publicized murder usually lowers the selling price by 15-35%.

Of course there are those rare cases where a house supposedly being haunted actually attracted buyers, particularly in spooky cities like New Orleans, Los Angeles (because they’ll want to shoot films or TV shows there,) and St. Augustine. In that Florida city, a historic house that had a well-documented reputation for being haunted was purchased and converted into a restaurant. Business boomed as tourists and diners lined up for a good meal and in hope of seeing the ghost of the houses former owner, who dresses in white and appears only in mirrors.

Another well established haunted houses sits at 112 Ocean Avenue in Amityville, New York, where Ronald DeFeo, Jr. once murdered his whole family. The events that took place in that house were later made into a famous book and several films, including Amityville Horror.

But as a buyer, unless you are planning on turning your home into a haunted restaurant or subject for one of the numerous television shows about paranormal investigators, it doesn’t hurt to go over the seller’s disclosures thoroughly, talk to neighbors, and even Google the property address. The buyer will get their home inspection and what you thought was an ancient curse of the undead may just be a family of mice in the attic or faulty wiring. If you’re selling and suspect something other-worldly going on, then you should disclose it to the buyer so you don’t end up in court.

Don’t assume the notion of a haunted house will be laughed out of court. Remember that it’s about anything that may diminish the property’s value, not proving ghosts exist. There’s even a firm legal precedent where the courts considered the presence of ghosts to be valid in real estate transactions. 

In 1991, Jeffrey Stambovsky was in the process of purchasing a home in Nyack, New York. Little did he know that the home was haunted, or so the previous owner, Mrs. Helen Ackley, claimed. Mrs. Ackley had in 1977 and 1982 sold her haunted house story to Readers Digest, officially verifying the existence of ghosts and paranormal activity to the magazine in exchange for $3,000. She’d claimed that ghosts left baby rings around for her grandchildren, woke her daughter every morning by shaking her bed, and apparitions in human form even appeared face to face in broad daylight, including a Navy lieutenant from the American Revolution. 

Whether it was true or not we’ll never know, but Stambovsky heard about it and backed out the real estate deal, and took the Mrs. Acklet and her real estate agent to court, claiming fraudulent misrepresentation. At first, the lower courts in New York ruled that the seller and agent were under no obligation to disclose the presence of ghosts, but in a groundbreaking revisal, the appellate court ruled that the house was indeed haunted – thanks to Mrs. Ackley’s written admission in Readers Digest.

 "Whether the source of the spectral apparitions seen by defendant seller are parapsychic or psychogenic, having reported their presence in both a national publication (Readers' Digest) and the local press (in 1977 and 1982, respectively), defendant is estopped to deny their existence and, as a matter of law, the house is haunted."

Stambovsky was allowed to back out of the $650,00 deal and move on to another house. Things did turn out well for Mrs. Ackley, as publicity from the haunted houses court case brought a new group of buyers to the house led by the famous mentalist, the Amazing Kreskin.