Of Disclosures and Property Lines

Question: “I’m buying a house and we’re closing in 3 days.  There’s a nice detached building in the back that I’ll use as an office.  But the neighbor just said it’s built too close to his property line and he’s going to report it.  All my contingencies are released.  Since this is a new disclosure,
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No Right of Rescission on Real Estate Contracts

Question: “I signed a contract to sell my home yesterday, but I changed my mind and want to cancel using my 3-day right of rescission.” Answer: Not a question, but let me address this. While many (most?) types of contracts in California have a 3-day right of rescission, real estate contracts do not. So unfortunately,
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Finding the Price of a Recently Sold San Diego Home

Question: “I just missed out on a house that I wanted. The sign says the house sold so I’d like to find out the price. Can you find out for me?” Answer: To paraphrase a recent president, it all depends on what the meaning of “sold” is. “Sold” may mean that the buyer and seller
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When Must the Seller Be Out of the Home?

Question: “We’re planning to buy a home. A realtor told me that the seller has to be out of the home 5 days before the sale closes. Is that correct?” Answer: No. My guess is the Realtor had that confused with the “default” in the contract for tenants. The contract says tenants are to be
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Do Buyers & Sellers Attend the Closing on a San Diego Home?

Question: “Hi Gary. I really enjoy reading your newsletter. I have a question. My wife and I will be buying our first home in San Diego. Do the buyer and seller both attend the closing, or just the agents?” Answer: None of the above. Practices vary by geography. In some states, the buyer, seller, agents,
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Who Should Fix Problems the Inspector Finds?

Question: “I was in escrow buying a home and had the home inspected. The inspector found several items that he told me the seller should fix. But the seller refused to fix them all, including a broken pool heater and replacing the roof, which was old but didn’t leak. I wasn’t too happy when they
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Sellers, Just Sign Those Escrow Papers

From an owner whose home is in escrow: “I’m not going to sign the escrow papers until I know how the physical inspection went…” Answer: You’ve already signed the contract and signing the escrow papers makes you no more or less committed. But waiting to sign could lead to delays as escrow needs to know
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