Sellers use disclosure to their advantage

By Dian Hymer
Forty years ago, seller disclosures weren't part of the home-buying process. The rule of the game was buyer beware. Now most states have seller disclosure requirements, although they vary from one state to the next. Consult with a Realtor, the Department of Real Estate, or a real estate attorney in the area where you're buying or selling if you have questions about what a seller is required to disclose.

Seller disclosures came into being in order to protect home buyers. However, seller disclosures can also protect sellers. For example, a seller of an older home in the hills of Oakland, Calif., disclosed in writing that the basement flooded during heavy rains.

A few months after the sale closed, the listing agent received a call from the buyer. He was upset that there was water in the basement following an overnight rain storm. He insisted that no one had informed him of this situation before he purchased the property.

The listing agent reviewed the transaction file. The sellers had disclosed in writing that the basement flooded during heavy rains. The buyer had signed to confirm receipt of this information before he removed his inspection contingency from the contract.

What could have been a nasty lawsuit disappeared immediately.

During times when it's difficult to sell, sellers may be tempted to conceal negative information about their homes for fear that it will keep the home from selling. Sellers should resist this temptation. Concealing a material fact can have severe consequences.

Another seller stated in his seller disclosures that he had never had any water problems at the house. He had also remodeled the basement and presented it as a usable family room. Not long after the buyers moved in, bad weather set in. So much water ran into the basement that the cozy family room was uninhabitable. The buyers sued the seller and recovered a hefty sum.

HOUSE HUNTING TIP: Think of disclosure as damage control. Although this may seem counterintuitive, you want any negative information affecting the property to be revealed before, not after, the home sale. If buyers know that the roof is at the end of its life, they can make a determination before buying about how much they can pay for the house, or if they can even afford to buy it without help from the sellers. Problems arise when sellers withhold this sort of information.

A less-than-candid seller was sued successfully by the buyer when the roof leaked soon after closing. The seller's disclosure statement mentioned no problems with the roof. The new owner became friendly with his next-door neighbor who told him that the seller had talked to several roofers and was planning to re-roof the house before the rainy season. What you choose to conceal could be disclosed for you by a neighbor.

The goal in selling your home is to sell for the best price and on the best terms possible. You defeat the purpose if you end up having to pay back part or the entire sale proceeds to settle a lawsuit.

It's not always clear if a fact is material. For example, the sellers of a home in the trendy Rockridge neighborhood in Oakland knew that a cleaning person who worked for the past owner had been raped in the house. The seller, who was an attorney, decided to disclose this fact. This caused a nervous single woman to decide against buying the house. But, it made no difference to the ultimate buyer.

THE CLOSING: And, the disclosure had no negative impact on the selling price.

Backyard deck a perfect DIY project

By Paul Bianchina
Building a deck remains one of those perennial favorite projects. A well-built deck definitely adds to the enjoyment of your home, while also adding resale value. With a few carpentry skills and tools, the construction of a basic -- or even not so basic -- deck is something that's well within the reach of most do-it-yourselfers. And there's something about that combination of fresh air and fresh sawdust that's irresistible!

Every deck, no matter the size, style or complexity, consists of two basic components -- the underframing (including the foundation) and the decking. If the deck sits up off the ground very much, you can add two additional components as well -- a railing and a set of stairs.

As with any home improvement project, construction begins on paper. Whether you do the design yourself or enlist the aid of a designer, lumberyard or home center, the design needs to incorporate all of the structural elements such as the size and layout of the support piers and framing lumber. If your deck will have stairs and a railing, that design should be included as well.

FOUNDATION AND UNDERFRAMING This is the structure that supports and braces the load of the deck and its occupants, and while it's rarely seen, it's actually the most important part of the entire structure. Due to its location, where it's in close proximity to the ground and also subject to water runoff from the deck above, pressure-treated lumber is typically the best choice for this part of the project.

Typically, construction of the deck begins with the layout, digging, and pouring of the concrete piers or footings that will support the deck. Smaller decks can often utilize precast pier blocks, while larger decks may require piers that are sunk into the ground to a depth below the frost line. Galvanized steel brackets imbedded in the concrete provide a convenient and stable attachment point for the transition from the concrete to the faming lumber.

If the deck is attached to the house, the next step is installation of the ledger. The ledger provides an attachment to the house, and serves as the starting point for the deck framing. A ledger is typically made of the same size and type of material as the deck framing, and it's important that it be securely bolted to the house's structural framing.

It's also important that the ledger be level and at the correct height, depending on where the finished deck will be in relation to the house. For example, if you will be stepping out a door and directly onto the deck, the ledger should be located at a distance below the door that is equal to the thickness of the decking material you'll be using.

Using the ledger as a reference point, the rest of the framing takes off from there. Using string lines, a laser level or other means to establish their location in relation to the ledger, the support girders are installed next. The girders are supported by posts attached to the piers, and are installed perpendicular to the direction of the joists.

The final underframing step is the installation of the joists. These are installed perpendicular to the direction that the decking boards will run, and rest on top of the girders. They are also attached to the ledger at one end. Since the decking is typically installed parallel to the house, that means that the joists would be perpendicular to the house, intersecting the ledger at a 90-degree angle. Galvanized steel joist hangers are the most common method for attachment and support of the ends of the joists where they meet the ledger. Depending on the size of the deck, blocking and/or bracing may be required as well.

If your deck is freestanding and is not attached to the house, the overall construction process is pretty much the same. However, since a freestanding deck lacks the rigidity of the house to anchor one side, it often requires some additional bracing to stabilize the framing.

DECKING With the basic framing complete, you can now move on to the installation of the deck boards, which are laid perpendicular to the joists. The most common attachment method is to screw down through the board into the joist below -- don't use nails, which have more of a tendency to work loose as the framing dries out. If you would prefer not to see the screw heads, there are several different methods of concealed fastener installation -- check with your designer or a local lumberyard for options that will work best for your particular deck design.

For the best appearance, use the longest boards possible so that you can eliminate some of the end-to-end joints. For example, on a 16-foot deck it's preferable to use 16-foot boards instead of two 8-foot boards. If the deck is large enough that joints are required, stagger them between successive rows by a minimum of two joists. For example, a 24-foot deck might start with a row of two 12-foot boards, followed by a row made up of three 8-foot boards. This will look better and be a little more stable than a row with one 10-foot and one 14-foot board.

What makes food “organic”?

By Charly Papp

Organic food is hot and with good reason—current research shows that it does indeed live up to the hype. Recent studies at UC Davis and the Danish Institute for Agricultural Research have detected higher levels of antioxidants, vitamins, and minerals in organically farmed foods than in their conventionally produced counterparts. While this news makes their often-higher price tag easier to swallow, navigating the organic options at Whole Foods can be anything but simple.

Here, a run-down of the terms so you’re ready to face the aisles:

Organic – farmed without the use of chemical pesticides, fertilizers, sewage sludge, and—in the case of livestock—antibiotics and growth hormones. While the jury’s still out on whether these things are actually harmful to your health, it sure makes non-organic foods a lot less appetizing. When the term is used on packaged food labels, it ensures that at least 95 percent of the ingredients are USDA-approved organic. Those labeled made with organic ingredients must contain at least 70 percent organic components. For more information on USDA’s certification system, visit their website: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateA&navID=NationalOrganicProgram&leftNav=NationalOrganicProgram&page=NOPNationalOrganicProgramHome&acct=AMSPW.

Conventional – foods not otherwise distinguished as organic. These foods may or may not be farmed with the use of chemicals, antibiotics, and hormones.

Natural – a distinction used for foods that have been minimally processed and contain no preservatives. However, the definition is not a legal one, so watch out for imposters. And remember—just because a food is natural doesn’t necessarily mean it’s healthy. Super-premium ice cream that is made with all-natural ingredients still packs a whopping 240 percent of your daily saturated fat intake per pint!

Sustainable Agriculture – farming that favors more natural practices to harvest a crop, which in turn creates a system wherein food can be produced indefinitely. Transitional – food produced by a farmer that is transitioning from conventional to organic—a process that takes at least three chemical-free years to certify.

Fair Trade – farmed by workers who receive a living wage and work under safe conditions. To learn more about fair trade, visit the International Federation for Alternative Trade’s website: www.ifat.org.

Recombinant Bovine Growth Hormone (rbST or rBGH) – a genetically engineered hormone given to cows to boost milk production. Many claim that consumption of this hormone—which is banned in Canada and Europe—contributes to elevated cancer risk, though clinical studies have yielded somewhat conflicting results.

Genetically-Modified Foods (GMOs) – crops that have been scientifically manipulated to enhance some trait, be it longevity or nutrition. Critics attest that their use is altering our environment in a host of unhealthful ways and add that their effect on humans is not yet known. For a fair look at the issue, see http://www.csa.com/discoveryguides/gmfood/overview.php

You can safely assume that a food labeled “organic” is certified so—the fine for false claims can reach upwards of $10,000—but beware of the greenwash that is lending its ghoulish hue to many a not-so-virtuous product. Due to the monumental success of organic foods, many manufactures are jumping onto the green bandwagon if for nothing else than packaging, favoring designs that present a more wholesome image to the consumer. This means you’ll see more earth-toned exteriors, rustic fonts, fruits and vegetables figuring prominently… don’t be fooled.

Look for key words like organic or no GMOs and check the ingredients and nutrition facts for the stats.

Though the range of organic products is ever evolving and expanding, with a little bit of knowledge, you and your family can grow with the trend—without the use of chemical fertilizers and pesticides.

Pest repairs are turnoff for buyers

By Dian Hymer

In a perfect world, houses wouldn't deteriorate over time. In reality, the wear begins as soon as a house is built. Older houses tend to have more maintenance issues. But even new homes can develop problems within a few years if they were poorly constructed.

Most homes are inspected for damage caused by wood pests -- such as dry rot, termites, fungus, decay and wood-boring beetles -- before they are sold. Who pays to correct the damage -- buyer or seller -- is often subject to negotiation.

In a hot seller's market with a high percentage of multiple offers, buyers frequently buy "as is" regarding known defects to better their chances. This was common several years ago when home prices were rising rapidly. At that time, owning a home was more important than the condition of the property.

One problem with buying "as is" with respect to pest work is that it's easy to overlook the fact that the work needs to be done. Many buyers who bought "as is" in recent years have not taken care of the pest repairs.

These buyers who are trying to sell in today's market may find they have less equity than they thought they had. Not only have home prices declined in many areas recently, but today's home buyers are unlikely to buy "as is" regarding a large pest bill that was passed on from the previous owner.

HOUSE HUNTING TIP: In soft markets, buyers are more prone to factor in the cost of curing deferred maintenance into their price. Ideally, sellers should have pest work done before they put their homes on the market. This removes the need for negotiation over pest repairs. Plus, the houses in the best condition that are priced right for the market are the ones that sell.
It's not always possible for sellers to have pest work done before marketing their homes, either due to shortage of time or funds. In this case, make sure that you have presale inspection reports done before you market the property and price it to take into account the cost of the repair work.

Also, you should make every effort to have the house looking as good as possible. In a soft market, sellers have a lot of competition from other sellers. Even if you can't replace a shower or a rotted mudsill before you market the property, at least have it showing at its best. This will get buyers interested in the property, particularly if the list price reflects the work that needs to be done.

There is nothing wrong with buying a property in its "as is" condition as long as you have complete knowledge of the work that needs to be done. But, it is essential that you factor in the cost of the necessary work and ongoing maintenance. Many buyers overlook this and later discover that they can't afford to continue to own their home.

It's rare that every item on a pest report needs to be done immediately. But, at some point the deferred maintenance needs to be corrected.

Ask your inspector to prioritize the items on the report in terms of urgency level. A deck that's rotted to the point that it's unsafe should be replaced as soon as possible. However, if the bathroom floor needs replacing, but poses no danger, you might want to hold off having this work done until you remodel the entire bathroom, if that is in your game plan.

THE CLOSING: In fact, in this case, replacing the floor would be a waste of money.