The PC words are nuts! I’m a paraplegic, I was injured 31 years ago and I still say that I’m “going for a walk”, “something is “within walking distance”. It still works and sounds as it should.
Never sell to an attorney - i did this and it was a miserable experience. Every single thing was a total hassle. I would take five figures less to avoid it. Very easy to find out the occupations of the buyers. NO ATTORNEYS
@@AudraLambertI’m a real estate broker in large metro city doing rentals & sales for 35 - never stood in a court room - It’s all about VERBIAGE & knowing contracts!!! Psst I think you’re just awesome I’m so glad I found you!!!
Audra, screw the haters. I was going to comment how much I like your giggling and spontaneity but I didn’t want you to think I was coming on to you. You provide great info, experience and perspective. If something tickles you, laugh. Those who don’t know to laugh are doomed to bitterness and tears. Thanks for what you do for everyone.
Years ago hubby sold a house that had an old roof. Disclosures were not as detailed as now, but it was clear that the roof would need to be replaced in the next several years. The addition, previously added, had a newer roof. Yes, newer than the main house! During the selling process a shingle blew off, which we replaced. At settlement the buyer wanted a credit for the whole roof. They were told it was priced for the condition it was presently. After 2 back and forth they knew they had a great deal. I believe they thought we were too young to know much. (Hubby is a civil engineer😊)
Wow...always good to have a civil engineer in the family...my dad is a civil engineer...love my dad..they are a different breed ( I mean this as a compliment) :)
WOW, yes, a lot of information. I've bought and sold many homes in my 55 years of marriage, and you just taught me so much! You have such a good heart and are so valuable, I feel like I need to pay for all this priceless information.....Oh, if only ALL realtors, worked under these ethical standards.....I say "Take it Nationwide Audra!"
I knew about the slew of inclusive jargon that had taken over the lexicon of real estate descriptions, but hearing the list again recited in its full glory did me shake my head. I have no desire to offend, trigger or put off anyone. But it does seem like sensitivities are on a razor's edge. At times, it feels almost satirical.
I agree with you on the furniture specificity. It's even better if you can say LG washer as seen in MLS photo (and you could even include the serial #). Bc I've seen sellers take their fridge and put in a cheap substitute, before. And definitely do a walk-through video before COE! Buyer could claim the seller stole or damaged something. Also, keeping a security system active until late on the closing day. I had a friend who had her brand new washer & dryer stolen out of the flip she bought. One of the contractors obviously knew what day it was closing, had made a copy of the key and came back with a moving van and stole them. As the buyer, she wasn't allowed to access the property until it recorded at the county, so she wasn't able to change the locks before that evening. Best to set up a hotspot and a few cameras until you are able to get your security system set up, or until the house is occupied. BEST practice is to have a keypad lock and give contractors a unique door code, so there are no physical keys out there floating around.
You have done well, in Southern California, being sued is not "IF", only "WHEN" ... Europe is quite strong on disclosure for sale of RE, and even auto sales... ANYTHING that you could reasonable know about in advance that is not disclosed, you're liable! Another good point, have receipts, tell the buyer ONLY what can be supported in the receipt scope, as you said. Another reason to NOT meet the buyer, so you don't let your guard down, start getting friendly and blab about things you really can't back up later and expose you to misleading statement. Finally, I was fascinated by your long list of new-age terms and no-no's to use. I'm a 40+ years RE buyer/seller, and it's a tough new world! Cheers!
Wow...thanks so much for watching my video. Really appreciate your perspective across the globe. Thanks for your comment, people need to hear this. I agree 100%.
I know its not you, but this changing of common language is a MAJOR issue. This is language we all use to communicate. As a buyer/seller I feel so cheated by the last two transactions when I listen to these lawsuits. My goodness! I thought I wanted to sue the "inspector" over faulty/BS inspections. Now, I'm realizing I have legitimate reasons to sue seemingly everyone. It's so frustrating to know I did my part with cash and the only one left with the consequences is me. Not cool. Thank you for sharing.
Brilliant, and yes you do bless, inform, and educate....you are so humble in asking for 50K subscribers......50 Million is still nothing compared to all the realtors in the USA....
Lots of great information Audra! Filing this one away for when my house is "finally - lol" ready to list (actually printed the full transcript so I can pull out all the important facts). Thank you! P.S. I enjoy your giggles and gestures; makes you human. If people want stoic, they can go look at the Mona Lisa.
Someone filed a suit because the decorative pillows were not on the sofa after closing? I wonder if some people just look for anything, no matter how big or small, to file suit.
The HUD list made me smile a bit: can say No College Students but not Adults only? Besides that College student isn’t necessarily a good definition of age or maturity, it does sound more like Adults only to some degree. Since I’ve lived in the DC area I can see “near the National Cathedral” actually defining a location even though it isn’t exactly what HUD is saying don’t use. Yes, I know you didn’t write the rules! And yes, my profession before retirement did require me to play the devil’s advocate at times😇. Nicely, done.
I agree with you 100%..I don't make the rules. And yes, I do have to play devil's advocate at times. Appreciate your comment...and thanks for watching.
Informative video as always Audra. Question: I’m on a well and can only list my house as 3BR although I have a downstairs room with bath but no closet. How should I describe this room when selling? I don’t want to lose buyers when listing as only 3Bedrooms. My home is 4800 sq feet. Thank you!
Hello there...each state's MLS is different than the others. You would want to talk to your realtor to get their input, but you would just need to disclose it upfront. In the description in MLS you could write, 3 bedroom home but acts as a four bedroom with a downstairs room with bathroom (no closet). I love floor plans for my MLS listings. In my area, photographers now offer floor plans with their services. If you put a floor plan up on MLS it helps show the living spaces...helps with disclosures too. Of course, you would also want to include this in your disclosures. Over disclose everything.
Good tips! I would think the buyer can see the cracks in the driveway so I don't see why that needs to be disclosed. To me, disclosure is about revealing things the buyer may not see or problems that occurred in the past, so that the buyer knows areas of potential problems in the future.
If someone did that, I'd say "walk". If it wasn't the crack in the driveway, they would find something else to try to force me to reduce the price. I'd prefer to sell to someone who actually wants the house and is not out to screw me.@@tidycats151
Oh my gosh, Audra, I got anxiety watching your video! Just kidding 😉 Your videos are awesome. Been watching you since you only had a few hundred subs. You’re growing so quickly. Well deserved.
I love your wry laugh! It was great when it was relevant to the message and made it perfectly clear : ) Like when you'd put up a surveillance sign anyway
Realtors that I have dealt with have always made sure to check the box indicating that the house is sold "as is" to help avoid any potential liability. What are your thoughts on that? I'm on the east coast.
I'm not a lawyer or a Realtor, but I find it hard to believe this would protect against something you know is a problem, unless you inherited the house or you bought it from a flipper who didn't use a standard contract when they bought the house and broke the chain of disclosures. Chances are that the neighbors know about issues the seller had, and they will tell the buyer. They see the plumbing truck outside your house. As is just means the seller won't fix anything the buyer finds broken, and the buyer should have the opportunity to make an informed offer. The seller may make less money when they sell, but won't have to worry about being sued for things which were adequately disclosed. Edit: Realtors giving legal advice about how to avoid liability may have legal problems of their own someday. Lawyers give legal advice based on circumstances of a particular case. Giving examples of what has happened in other cases is information, but if I was a Realtor, I would want advice from a lawyer on how much I could help a client fill out the standard forms without either exposing myself to liability or be considered to be giving legal advice. The local Board of Realtors may have hired lawyers to give such advice to member Realtors.
Yes, I like the AS IS clause. However, you are still required to disclose all pertinent information. Just because the home inspector doesn't catch it doesn't mean you're off the hook. Do your best to disclose as much as possible. As Is doesn't mean you are not required to disclose...hope that helps.
x californian here in Normandy...now divorced getting ready to sell my home. Thanks for all your helpful videos! ps selling property in France is a nightmare as we have all types of required Diagnostic analyses and the market is tanking! Send the americans over :)
Oh you make me laugh! Sorry to hear your market isn't strong...also sorry to hear you're going through a divorce...also not fun. I do appreciate your humor and for watching my videos. Best of luck to you:)
I'm not concerned about your comfort! I am concerned about the upkeep of my house that I'm selling, so I definitely do not agree with you with not wearing booties on my carpet or my wood floors. But the rest of your recommendations are fantastic and I do appreciate your insight!
I have personally tripped wearing booties and on wrinkles in plastic and drop cloths- multiple times! If you get sued by a potential buyer because of a trip and fall injury, you've got big problems, even if you are successful in the lawsuit! Can you imagine spending $100-200 on carpet cleaners compared with a million dollar lawsuit? The time and stress and headache involved in a lawsuit is huge. HUGE. Audra is 100% spot on! One thing I recommend are good cotton or other absorbent dark throw rugs at the front door and any other doors people are likely to enter/exit. (Granted, my properties are generally smaller, 200K bungalows which do not require upscale entrance rug protection). My buyers' scheduled home inspection on my property was on the day of Hurricane Ian's arrival. I had torrential rain and muddy sloshing ground. I immediately bought excellent throw rugs for the doors as my heart of pine floors had just been refinished within the month. The inspection still happened, and the closing continued as scheduled. I was thankful for avoiding other storm issues!
I recently subscribed, love your channel. My state disclosure forms make zero mention of a property's neighbors. Yet it is a big concern to any buyer. My neighbors are from great, good, to Okay. I know those terms mean different things to different people. What a seller disclose or not disclose about neighbors?
In the disclosures (at least in California) we do have a section on our disclosures asking for any neighboring disputes or concerns. I recommend my sellers only disclose things about their neighbors if "things" got litigious. Neighboring walls are in disrepair, trees that need trimming from the neighbors side and they won't do it, etc usually comes up in an inspection. However, if you wrote letters to a neighbor complaining about "something", you may want to disclose this. What if your buyer moves in, has the same issue you had with the neighbor? Then your ex-neighbor doesn't like you and produces a letter your wrote how ever long ago complaining about the same thing. Yikes...that could get messy.
This is so SAD to Learn how “Dumbed down” many of us have become. To be so Specific over Trivial Matters is a disgrace!! I really hate the direction our country/world is going. What’s happened to just selling & everybody is so Grateful to have a roof over their head!!
I agree on getting the disclosures (SPDS) *before* you make an offer. Bc you might find out that there are latent issues that weren't obvious at the showing, that might affect what you offer.
Let's go back to: you can be right or dead right. When selling a house, you don't want to tell your buyer to toughen up....I do not recommend this. Just treat it like a business transaction, get the best price and terms, keep it neutral. I have always been taught to respect others...it really helps when selling a house.
In my state, a room doesn't need a closet to be considered a bedroom. There are people who do like they do in Europe, they use a wardrobe as their closet. It just needs 2 forms of egress. I don't necessarily agree with this, but that's the change that was made a few years ago.
Good to know...thanks. In California, its just one of our other million requirements when listing a house for sale...it has to have a closet or we can't call it a bedroom.
Here's another very good video from you, Audra. There are some good recommendations that I did not think about, and I plan to do them. I particularly like the idea of getting all the disclosures done before going to market. 👍👍👍As I understand it, a buyer has one year to file a lawsuit over any failure to disclose something of importance. Your recommendation to over disclose is a very good idea, since what may not be important to you is important to the buyer. Would it be a good idea to have a pest inspection and home inspection performed before going to market and provide the reports from those inspections as part of the disclosure? Are there things that could come back to haunt a seller if the buyer brings the issue forward after a year or has all of this changed? Also, what liability does the seller have for problems he doesn't know about, i.e., hidden defects?
Hello again! I really like doing a home inspection/pest inspection upfront with a reputable company. You would always encourage the buyer to do their own investigations...but at least you're showing as a seller that you are trying to disclose all much as you can regarding "things" on your home. I am not sure about how long you have to file a suit...maybe each state is different. Where sellers get in trouble is that they don't disclose "things" they really know about. For example, if there was a slab leak and they didn't disclose it. Let's say, 3 months later the new homeowner gets another slab leak, hires the same company unknowingly to repair the leak..then finds out from the contractor that they did the last repair. That is a big NO NO. In my experience, most homeowners don't know what they don't know. Its the things they really know about that they should disclose. Hope that helps.
What about if you worked with an agent that was not looking out for your best interest when you sold your home. Can you hold them financially responsible after the home is already sold? I was under so much stress and my agent wanted to get the home sold over getting me the best price. She even had me cover some pricey plumbing cost and the estimate came from the prospective buyers company that she worked for. When I asked her should we get a second opinion as I saw this as a conflict of interest. She said it was the prospective buyers right to choose the company and advised me to just to go along with this . A few months later I spoke with the plumbing company that had worked on my house throughout the years and they said they thought the companies price was at least $10,000 more than it should have been. It makes me sick looking back, knowing the stress I was under trusting this agent. Not sure if there is anything that can be done now. Just wanted your thoughts. I have seen your videos and I wish you would have been my realtor.🥰
This was my first time selling our home as we were in the military for over 20 years. I feel like I truly got taken advantage of by this realtor that wanted to make a quick sale. It was the first offer made within seven days of listing.
Ahh..thank you for your kind words. Appreciate it. Your only recourse is the hire an attorney and go after the agent and their brokerage firm. It can be costly and time consuming. You can always write a bad review Zillow, Google etc. Agents go nuts with bad reviews...because people read them. You could potentially be protecting someone else for the same experience. So sorry to hear about his...just unbelievable.
Unless national building codes have changed in past 25 years, a bedroom without a closet ican be classified as bedroom. Reason - many old homes, especially on East Coast were constructed without closets. Instead wardrobes were used. There is however a requirement for floor square footage and size of emergency egress. It is my understanding that most states, if not all, use the National Codes.
Thanks a lot ! I am writing my condo's disclosures right now. There are questions about the grounds ...if they are on automatic sprinklers, if the grounds are treated for pests,etc. Should I Just write "HOA"?
Hello there, my team can interview/screen agents for you directly. We do not use a 3rd party referral network. We actually do our own work. Its a free service we provide to you. If you are interested, fill out this link: lambert.homes/referral
Putting too many disclosers scares away potential buyers, lowers their amount and lowers the price of the house or may result in no offers at all. While it's good for you Audra, in general it should not be good for the sellers. One out of thousand of buyers may have a family member who is a lawyers , and even after that these lawyers don't want to be labelled as vexatious litigants. It's not easy just to sue, there are huge barriers to it. Even if many can sue, they don't need the headache and possibility to get sued back later for malicious prosecution or risk paying the other party attorney fees. I am not saying do not disclose what is legally required to be disclosed but if you go over the board and put too much stuff which they won't even care about, the buyers will walk away as I did in many cases, many times because it seemed to me that the seller was too arrogant and is presenting me bunch of negative stuff I don't care and did not ask.
Hello Audra. Can you please tell me if there is a statute of limitations on law suites if someone buys your home and later finds something wrong with it that wasn't disclosed? Thank you.
There are different statues of limitations depending on the context. If you are referring to fraud where the seller fails to disclose known defects (this is considered fraud) - the statute of limitations in CA is three years (from what I gathered from my research). I would check with your state's statues of limitations..it may differ.
Hello there, commissions are always negotiable. Most people don't know that. A seller has never been forced to pay a buyer's agent commission, they probably just didn't realize that. The reason a seller in the past paid for the buyer's agent commission was to assist with paying for the buyer's representation. Before... when the seller wasn't paying the buyer's agent's commission...most buyer's couldn't afford their own representation so they were forced to used the seller's agent. Lots of law suits later (buyer being taken advantage of, not properly represented etc), the new commission structure occurred where the seller would offer a commission to the buyer's agent so that the buyer had proper representation. Today, you are not required to pay for the buyer's agent commissions. However, many buyers may not be able to afford the commission of their buyer's agent. When they make an offer, the buyer may ask for a concession amount to assist with their buyer's agent's commission. The seller may say no...but the buyer can always ask. In other words, its negotiable. The buyer is responsible for paying their buyer's agent's commission...however, the buyer may ask the seller for assistance.
I got to a closing on a Friday. It was late...the wife heard something I said and got mad and got a call SAT they said nope we are pulling out. However the sellers husband came to his senses. We did close. But carful ....
Well thank you so much!! My blazer is by Reiss, not sure about the blouse. My scarf is Loewe...its really old but I love it. I think I am just wearing white jeans. Really appreciate the compliment.
Okay...AS IS is just a clause stating that the buyer is purchasing the house in the same condition as the date they signed the contract. The AS IS clause is not a disclosure and does not cover the seller from lawsuits. A final walk through is just a quick "walk through" of the property to verify everything is in the condition agreed upon and everything is in place. I had one seller actually take toilets out of the house...and large plants in the front of the house. This is not good. Of course, the sale was delayed because toilets and plants needed to be returned. That is the purpose of a final walk through. Disclosures are written down where the seller will provide details about the property they are aware of. If there is something the seller did not disclose and the buyer can proved the seller knew about, there may be grounds for litigation. Hope this helps. Thanks for the question.
That link you've given to Banned Descriptive Words -- use with caution because sadly it contradicts your much more valuable advice. For instance: it says that the following are Acceptable: "Near a Golf Course" / "Close to Downtown" / "Family Room" / "Quality Neighborhood".
Yes, those are HUD Banned words...then there are Real Estate words you want to avoid. In fact, I just took my real estate continuing education course that reviewed a few of the words not to use in the video I posted. The goal here is to protect yourself. Stay away for words that trigger people and vague descriptive words. There is no police out there monitoring people's language...until you get a cranky buyer who has it in for you. Better to play it safe.
What happens if buyers agent brings buyer to view property and then buyer comes back with a different agent to purchase? No exclusive agreement with first agent. Will first agent come back and demand seller pay commission?
do you need to do disclosures if you are seller financing the deal? as a realtor, would you seller finance in this market? I was thinking of doing 5% with a 3 year balloon with 10% down payment.
When your buyer makes an offer, in the offer it will state what type of financing they will be using. If it’s seller financing that will be in the offer so there is no need to disclose that as a seller you are financing the deal. A lot of seller offer seller financing. Just know the pros and cons of doing it. The main downside is if they stop paying and you have to go through the foreclosure process. The upside is, you are making a return on your investment. Why do people offer seller financing, they do it every day. It is very helpful for some buyers who are having a harder time qualifying or coming up with the down payment. May not be a bad idea. Once again, just know the upsides in the downsides before moving forward.
I've owned 7 houses over the years and never made more than $100k and even that was a gift from Manna. I can't even imagine having a house so big it's sale generated $500k. Must be NOICE
That buyer -- who sued the seller for $10k because of the use of "newer windows" -- was a difficult person. IF A BUYER PROVES DIFFICULT AT ANY POINT DURING THE SELLING PROCESS, BUST THE DEAL; IT'S NOT WORTH THE HEADACHES.
Yup...there are a lot of difficult people out there. Sometimes their agents keep the communication neutral...so the other side doesn't realize how difficult they are...until...LATER. Some people are forced to sell and don't have the luxury of choosing a pleasant buyer. You do make a good point.
NEAR😂🤣 Reminds me when I lived in Miami I found an ad for a rental, NEAR the design district. Haha 2 miles west of the design district actually in Pork & Beans🤣😂 So of course I lived there and told everyone I lived Near the design district
The PC words are nuts! I’m a paraplegic, I was injured 31 years ago and I still say that I’m “going for a walk”, “something is “within walking distance”. It still works and sounds as it should.
I can appreciate that it. I respect your perspective. Applaud your comment...you're amazing.
Yes! This country is getting really beyond ridiculous with the political correctness.
Never sell to an attorney - i did this and it was a miserable experience. Every single thing was a total hassle. I would take five figures less to avoid it. Very easy to find out the occupations of the buyers. NO ATTORNEYS
Audra, in the 19 minutes I watched your video, it received 24 likes! You are giving us amazing, important information. Thank you!
I 💯 agree-!
I've dealt with a number of real estate agents over the years, and none of them have provided this kind of very practical, useful information.
Couldn't agree more! So informative! Thank you!
Not getting sued after all your years in the biz is quite impressive! Nice presentation.
Thank you soooo much!! Appreciate your words.
Me too!
@@AudraLambertI’m a real estate broker in large metro city doing rentals & sales for 35 - never stood in a court room - It’s all about VERBIAGE & knowing contracts!!! Psst I think you’re just awesome I’m so glad I found you!!!
Audra, screw the haters. I was going to comment how much I like your giggling and spontaneity but I didn’t want you to think I was coming on to you. You provide great info, experience and perspective. If something tickles you, laugh. Those who don’t know to laugh are doomed to bitterness and tears. Thanks for what you do for everyone.
Ahh.... I love that. Really appreciate your support. Means a lot to me:)
i love your giggling.
Years ago hubby sold a house that had an old roof. Disclosures were not as detailed as now, but it was clear that the roof would need to be replaced in the next several years. The addition, previously added, had a newer roof. Yes, newer than the main house! During the selling process a shingle blew off, which we replaced. At settlement the buyer wanted a credit for the whole roof. They were told it was priced for the condition it was presently. After 2 back and forth they knew they had a great deal. I believe they thought we were too young to know much. (Hubby is a civil engineer😊)
Wow...always good to have a civil engineer in the family...my dad is a civil engineer...love my dad..they are a different breed ( I mean this as a compliment) :)
WOW, yes, a lot of information. I've bought and sold many homes in my 55 years of marriage, and you just taught me so much! You have such a good heart and are so valuable, I feel like I need to pay for all this priceless information.....Oh, if only ALL realtors, worked under these ethical standards.....I say "Take it Nationwide Audra!"
Thanks so much Flo!! Really appreciate you!!! You're my number one fan!!
Well said, Flo. Audra is like water while traveling through the real estate desert.
I hear you, I have bought and sold loads of RE ... it's a whole new world! Audra gives good school on all of this ...
In New Jersey we were taught Personal Injury law in first grade.
Now that would be a worth while course to take...that should be mandatory!!! LOL!!
I knew about the slew of inclusive jargon that had taken over the lexicon of real estate descriptions, but hearing the list again recited in its full glory did me shake my head. I have no desire to offend, trigger or put off anyone. But it does seem like sensitivities are on a razor's edge. At times, it feels almost satirical.
I tell all my agents to follow this gal-she really knows the day to day ya need to know!
Wow...thank you so much! That means the world to me!
I agree with you on the furniture specificity. It's even better if you can say LG washer as seen in MLS photo (and you could even include the serial #). Bc I've seen sellers take their fridge and put in a cheap substitute, before.
And definitely do a walk-through video before COE! Buyer could claim the seller stole or damaged something.
Also, keeping a security system active until late on the closing day. I had a friend who had her brand new washer & dryer stolen out of the flip she bought. One of the contractors obviously knew what day it was closing, had made a copy of the key and came back with a moving van and stole them. As the buyer, she wasn't allowed to access the property until it recorded at the county, so she wasn't able to change the locks before that evening. Best to set up a hotspot and a few cameras until you are able to get your security system set up, or until the house is occupied. BEST practice is to have a keypad lock and give contractors a unique door code, so there are no physical keys out there floating around.
Wow...thank you for sharing your experience. That is great advice! I will definitely remember that and pass that on. Thank you!!
You have done well, in Southern California, being sued is not "IF", only "WHEN" ... Europe is quite strong on disclosure for sale of RE, and even auto sales... ANYTHING that you could reasonable know about in advance that is not disclosed, you're liable! Another good point, have receipts, tell the buyer ONLY what can be supported in the receipt scope, as you said. Another reason to NOT meet the buyer, so you don't let your guard down, start getting friendly and blab about things you really can't back up later and expose you to misleading statement. Finally, I was fascinated by your long list of new-age terms and no-no's to use. I'm a 40+ years RE buyer/seller, and it's a tough new world! Cheers!
Wow...thanks so much for watching my video. Really appreciate your perspective across the globe. Thanks for your comment, people need to hear this. I agree 100%.
I know its not you, but this changing of common language is a MAJOR issue. This is language we all use to communicate. As a buyer/seller I feel so cheated by the last two transactions when I listen to these lawsuits. My goodness! I thought I wanted to sue the "inspector" over faulty/BS inspections. Now, I'm realizing I have legitimate reasons to sue seemingly everyone. It's so frustrating to know I did my part with cash and the only one left with the consequences is me. Not cool. Thank you for sharing.
Times have definitely changed. This video is just to help people avoid law suits. So sorry to hear you had a bad experience. I feel so badly for you:(
Audra is hilarious. I love her laugh. It makes me laugh.
Audra has been voted most excellent agent on RUclips real sweet on the eyes too!!!
Ahhh...that is so nice of you to say. Really appreciate and adore the comment. Made my day.
Make sure your realtor checks windows are locked when showing. Some buyers leave windows unlocked.
Brilliant, and yes you do bless, inform, and educate....you are so humble in asking for 50K subscribers......50 Million is still nothing compared to all the realtors in the USA....
Hi Flo, you are my biggest fan. Appreciate you so much. Thank you for your kind words. Really means the world to me.
Thank you, Audra. You are providing a wonderful education to consumers who otherwise would be doing this blind. Much needed and much appreciated.
So glad I can help!! Really appreciate your comment.
Lots of great information Audra! Filing this one away for when my house is "finally - lol" ready to list (actually printed the full transcript so I can pull out all the important facts). Thank you!
P.S. I enjoy your giggles and gestures; makes you human. If people want stoic, they can go look at the Mona Lisa.
Cracking up..Mona Lisa...Love it. So glad I could add some value. You're going to do great when selling your home. Thanks so much for commenting.
Thanks for the suggestion to save her transcript. I had not thought of that. My husband would rather read then watch a RUclips video.
I love your giggle!!
Thanks so much😁
Wow! This stresses me out when it’s time for us to sell.
No need to stress out...you got this. Just take your time with the disclosures...and hire a great agent. You'll do great.
I watch you just to see what you have on. Love your style. BTW, you are smart too.
Someone filed a suit because the decorative pillows were not on the sofa after closing? I wonder if some people just look for anything, no matter how big or small, to file suit.
Yes, some people do unfortunately and/or people can get very emotional about buying or selling their homes. Thanks for watching!
Love your videos. They’re so helpful! My husband laughs at me because I talk about Audra like we are close friends! 😂
Lorie...you just made my day. I love that...we are friends:).
Don’t change AUDRA you are personable but most importantly you provide the Realtor advice on the internet!!!!
Ahh..thank you! I appreciate it!!
BRULLILANT!!!! i'm a realtor in Texas...love your videos! I've learned so much!
Awesome! Thank you! So glad I could help!!
I love her. Awesome, common sense and valuable information.
Ahhh..thanks so much!! Means the world to me.
After closing I didn’t like that the lock was left on there for a couple weeks. The realtor lock. They left trash. It was still a good deal.
Well, glad you got a good deal. Left the lock box on the property for few weeks...who does that? And Trash..Ugh!! Knuckle Heads!
Slate tileS / on roofs last 100 years-but the sub surface and attaching mechanisms Do NOT!
Very good to know!!
this Slate roofing is usually on more expensive homes, I find it odd it was not tended to myself. @@tidycats151
Very helpful information, you are giving away information, and guidance that no one would say. Much appreciated,
So nice of you to say so. Happy to help!! I really want to help people.
As a homebuyer, I always get my own home inspector
THANK YOU !!
Ahh...thank you so much!!!
Civil Litigation: the California state hobby.
Unfortunately, there is some truth in that.
The HUD list made me smile a bit: can say No College Students but not Adults only? Besides that College student isn’t necessarily a good definition of age or maturity, it does sound more like Adults only to some degree.
Since I’ve lived in the DC area I can see “near the National Cathedral” actually defining a location even though it isn’t exactly what HUD is saying don’t use.
Yes, I know you didn’t write the rules! And yes, my profession before retirement did require me to play the devil’s advocate at times😇. Nicely, done.
I agree with you 100%..I don't make the rules. And yes, I do have to play devil's advocate at times. Appreciate your comment...and thanks for watching.
Informative video as always Audra. Question: I’m on a well and can only list my house as 3BR although I have a downstairs room with bath but no closet. How should I describe this room when selling? I don’t want to lose buyers when listing as only 3Bedrooms. My home is 4800 sq feet. Thank you!
Hello there...each state's MLS is different than the others. You would want to talk to your realtor to get their input, but you would just need to disclose it upfront. In the description in MLS you could write, 3 bedroom home but acts as a four bedroom with a downstairs room with bathroom (no closet). I love floor plans for my MLS listings. In my area, photographers now offer floor plans with their services. If you put a floor plan up on MLS it helps show the living spaces...helps with disclosures too. Of course, you would also want to include this in your disclosures. Over disclose everything.
@@AudraLambert thank you great idea!
I'm learning so much! Thank you
You are so welcome!!
Thanks for sharing this very important information!
You are so welcome. So happy to help!!
Great video. I’m sharing this with my office agents!
Please do! Thanks so much for the vote of confidence. Means a lot!!
You could not be more right. Thank you!
That's nice to hear and Thank you very much for watching and taking the time to make a nice comment!
This is really great information. Audra is a pleasure to watch. Clear well thought out video. She should have 100K subscribers!
Wow, thank you! Means a lot.
Great one Audra!.....
Thanks so much!!
Good tips! I would think the buyer can see the cracks in the driveway so I don't see why that needs to be disclosed. To me, disclosure is about revealing things the buyer may not see or problems that occurred in the past, so that the buyer knows areas of potential problems in the future.
All I am saying is over disclose....especially if the crack in the driveway is noticeable. Better to over disclose than under disclose.
If someone did that, I'd say "walk". If it wasn't the crack in the driveway, they would find something else to try to force me to reduce the price. I'd prefer to sell to someone who actually wants the house and is not out to screw me.@@tidycats151
Yes moved 15 times....for job . YES YES
Oh my gosh, Audra, I got anxiety watching your video!
Just kidding 😉 Your videos are awesome. Been watching you since you only had a few hundred subs. You’re growing so quickly. Well deserved.
Oh...thanks so much for supporting me Kristen. Appreciate your loyalty. Really appreciate your comment.
I love your wry laugh! It was great when it was relevant to the message and made it perfectly clear : ) Like when you'd put up a surveillance sign anyway
Laughing...LOVE IT. Yah that surveillance sign got a lot of people worked up....ha ha. Really appreciate your comment. Means a lot to me.
Realtors that I have dealt with have always made sure to check the box indicating that the house is sold "as is" to help avoid any potential liability. What are your thoughts on that? I'm on the east coast.
I'm not a lawyer or a Realtor, but I find it hard to believe this would protect against something you know is a problem, unless you inherited the house or you bought it from a flipper who didn't use a standard contract when they bought the house and broke the chain of disclosures. Chances are that the neighbors know about issues the seller had, and they will tell the buyer. They see the plumbing truck outside your house. As is just means the seller won't fix anything the buyer finds broken, and the buyer should have the opportunity to make an informed offer. The seller may make less money when they sell, but won't have to worry about being sued for things which were adequately disclosed.
Edit: Realtors giving legal advice about how to avoid liability may have legal problems of their own someday. Lawyers give legal advice based on circumstances of a particular case. Giving examples of what has happened in other cases is information, but if I was a Realtor, I would want advice from a lawyer on how much I could help a client fill out the standard forms without either exposing myself to liability or be considered to be giving legal advice. The local Board of Realtors may have hired lawyers to give such advice to member Realtors.
Yes, I like the AS IS clause. However, you are still required to disclose all pertinent information. Just because the home inspector doesn't catch it doesn't mean you're off the hook. Do your best to disclose as much as possible. As Is doesn't mean you are not required to disclose...hope that helps.
x californian here in Normandy...now divorced getting ready to sell my home. Thanks for all your helpful videos! ps selling property in France is a nightmare as we have all types of required Diagnostic analyses and the market is tanking! Send the americans over :)
Oh you make me laugh! Sorry to hear your market isn't strong...also sorry to hear you're going through a divorce...also not fun. I do appreciate your humor and for watching my videos. Best of luck to you:)
I'm not concerned about your comfort! I am concerned about the upkeep of my house that I'm selling, so I definitely do not agree with you with not wearing booties on my carpet or my wood floors.
But the rest of your recommendations are fantastic and I do appreciate your insight!
I have personally tripped wearing booties and on wrinkles in plastic and drop cloths- multiple times! If you get sued by a potential buyer because of a trip and fall injury, you've got big problems, even if you are successful in the lawsuit! Can you imagine spending $100-200 on carpet cleaners compared with a million dollar lawsuit? The time and stress and headache involved in a lawsuit is huge. HUGE. Audra is 100% spot on!
One thing I recommend are good cotton or other absorbent dark throw rugs at the front door and any other doors people are likely to enter/exit. (Granted, my properties are generally smaller, 200K bungalows which do not require upscale entrance rug protection).
My buyers' scheduled home inspection on my property was on the day of Hurricane Ian's arrival. I had torrential rain and muddy sloshing ground. I immediately bought excellent throw rugs for the doors as my heart of pine floors had just been refinished within the month. The inspection still happened, and the closing continued as scheduled. I was thankful for avoiding other storm issues!
Audra, keep waving and KEEP GIGLING! 😄
Ahhh...thanks! Will do:)
This is an abundant amount of important information. Thanks for sharing this knowledge.
So happy I could can help. Just want to help people
I recently subscribed, love your channel.
My state disclosure forms make zero mention of a property's neighbors. Yet it is a big concern to any buyer. My neighbors are from great, good, to Okay. I know those terms mean different things to different people. What a seller disclose or not disclose about neighbors?
@@tidycats151 thank you
In the disclosures (at least in California) we do have a section on our disclosures asking for any neighboring disputes or concerns. I recommend my sellers only disclose things about their neighbors if "things" got litigious. Neighboring walls are in disrepair, trees that need trimming from the neighbors side and they won't do it, etc usually comes up in an inspection. However, if you wrote letters to a neighbor complaining about "something", you may want to disclose this. What if your buyer moves in, has the same issue you had with the neighbor? Then your ex-neighbor doesn't like you and produces a letter your wrote how ever long ago complaining about the same thing. Yikes...that could get messy.
Thanks for subscribing:).
...or even previous emails or text to your neighbor can show proof you didn't disclose an issue..just something to think about.
@@AudraLambert thank you!
I love your laugh, you have a great personality!
Ahh..thanks so much!!! Appreciate it.
Very good job girl
Ahhh...thank you:). Appreciate it.
I love your giggle and your energy and that is one of the main reasons I watch so many of your videos. 😊
You are so funny but so informative and l love your hand movements-FGS! 😮 Thanks
Oh thank you! Laughing about the hand movements. So glad you're getting some value...and glad you thing I am funny. Thanks for watching.
This is so SAD to Learn how “Dumbed down” many of us have become. To be so Specific over Trivial Matters is a disgrace!! I really hate the direction our country/world is going. What’s happened to just selling & everybody is so Grateful to have a roof over their head!!
I just got schooled! Thank you!
Laughing. I love your humility. Thanks for the comment.
Your giggles are adorable!
Ahhh...thank you!!
"Primary" bedroom?? "Hollywood" bathroom?? "Common" room?? Thank God I no longer live in California.😄
There is so much to selling a house. It's overwhelming.
No it's not, and almost no seller gets sued unless they did horrendous BS, and even if they did, still few, if any get sued.
I agree on getting the disclosures (SPDS) *before* you make an offer. Bc you might find out that there are latent issues that weren't obvious at the showing, that might affect what you offer.
I completely agree!!
This was great!
So glad you liked it!
Claiming that new tiles (roofing) is not a new roof because someone did not tear the house apart is legalese BS. Good advice.
Audra you're an amazing instructor, would have paid big bucks for your info while taking classes for RE license ❤
When you can't say certain things because you don't want to offend someone. 🙄 People, toughen up! Other disclosures I totally understand.
Let's go back to: you can be right or dead right. When selling a house, you don't want to tell your buyer to toughen up....I do not recommend this. Just treat it like a business transaction, get the best price and terms, keep it neutral. I have always been taught to respect others...it really helps when selling a house.
@@AudraLambert Oh I would never tell a buyer that to their face. Absolutely agree, its all business.
In my state, a room doesn't need a closet to be considered a bedroom. There are people who do like they do in Europe, they use a wardrobe as their closet. It just needs 2 forms of egress. I don't necessarily agree with this, but that's the change that was made a few years ago.
Good to know...thanks. In California, its just one of our other million requirements when listing a house for sale...it has to have a closet or we can't call it a bedroom.
Here's another very good video from you, Audra. There are some good recommendations that I did not think about, and I plan to do them. I particularly like the idea of getting all the disclosures done before going to market. 👍👍👍As I understand it, a buyer has one year to file a lawsuit over any failure to disclose something of importance. Your recommendation to over disclose is a very good idea, since what may not be important to you is important to the buyer. Would it be a good idea to have a pest inspection and home inspection performed before going to market and provide the reports from those inspections as part of the disclosure? Are there things that could come back to haunt a seller if the buyer brings the issue forward after a year or has all of this changed? Also, what liability does the seller have for problems he doesn't know about, i.e., hidden defects?
Hello again! I really like doing a home inspection/pest inspection upfront with a reputable company. You would always encourage the buyer to do their own investigations...but at least you're showing as a seller that you are trying to disclose all much as you can regarding "things" on your home. I am not sure about how long you have to file a suit...maybe each state is different. Where sellers get in trouble is that they don't disclose "things" they really know about. For example, if there was a slab leak and they didn't disclose it. Let's say, 3 months later the new homeowner gets another slab leak, hires the same company unknowingly to repair the leak..then finds out from the contractor that they did the last repair. That is a big NO NO. In my experience, most homeowners don't know what they don't know. Its the things they really know about that they should disclose. Hope that helps.
What about if you worked with an agent that was not looking out for your best interest when you sold your home. Can you hold them financially responsible after the home is already sold? I was under so much stress and my agent wanted to get the home sold over getting me the best price. She even had me cover some pricey plumbing cost and the estimate came from the prospective buyers company that she worked for. When I asked her should we get a second opinion as I saw this as a conflict of interest. She said it was the prospective buyers right to choose the company and advised me to just to go along with this . A few months later I spoke with the plumbing company that had worked on my house throughout the years and they said they thought the companies price was at least $10,000 more than it should have been. It makes me sick looking back, knowing the stress I was under trusting this agent. Not sure if there is anything that can be done now. Just wanted your thoughts. I have seen your videos and I wish you would have been my realtor.🥰
This is why you hire a lawyer
Yeah, I had a lawyer, but it was the realtors lawyer firm 🙄
This was my first time selling our home as we were in the military for over 20 years. I feel like I truly got taken advantage of by this realtor that wanted to make a quick sale. It was the first offer made within seven days of listing.
Ahh..thank you for your kind words. Appreciate it. Your only recourse is the hire an attorney and go after the agent and their brokerage firm. It can be costly and time consuming. You can always write a bad review Zillow, Google etc. Agents go nuts with bad reviews...because people read them. You could potentially be protecting someone else for the same experience. So sorry to hear about his...just unbelievable.
Unless national building codes have changed in past 25 years, a bedroom without a closet ican be classified as bedroom. Reason - many old homes, especially on East Coast were constructed without closets. Instead wardrobes were used. There is however a requirement for floor square footage and size of emergency egress. It is my understanding that most states, if not all, use the National Codes.
Not true!!
Thanks a lot ! I am writing my condo's disclosures right now. There are questions about the grounds ...if they are on automatic sprinklers, if the grounds are treated for pests,etc. Should I Just write "HOA"?
Good stuff thank you so much!!
Glad you enjoyed it! Thanks for the comment.
Thank you Audra for the information
You are so very welcome.
You are awesome and your videos are very informative and very well presented. Thank you for sharing your wisdom.
You are so welcome! So glad you are getting value out of my videos. Thanks for watching.
Thank you for all the great information ❤
You are so welcome! So glad I could assist!!
Make sure your pool person and gardeners aren’t being lazy
Hello Audra, can you recommend anyone (realtor)in Milwaukee who as good as you?
Hello there, my team can interview/screen agents for you directly. We do not use a 3rd party referral network. We actually do our own work. Its a free service we provide to you. If you are interested, fill out this link: lambert.homes/referral
What's your opinion of "western" vs "eastern" style RE transactions, that is, without or with the involvement of a RE lawyer from AO through closing?
Come to northwest Indiana because no1 is doing any of this, ppl get away with everything
Putting too many disclosers scares away potential buyers, lowers their amount and lowers the price of the house or may result in no offers at all. While it's good for you Audra, in general it should not be good for the sellers. One out of thousand of buyers may have a family member who is a lawyers , and even after that these lawyers don't want to be labelled as vexatious litigants. It's not easy just to sue, there are huge barriers to it. Even if many can sue, they don't need the headache and possibility to get sued back later for malicious prosecution or risk paying the other party attorney fees. I am not saying do not disclose what is legally required to be disclosed but if you go over the board and put too much stuff which they won't even care about, the buyers will walk away as I did in many cases, many times because it seemed to me that the seller was too arrogant and is presenting me bunch of negative stuff I don't care and did not ask.
Hello Audra. Can you please tell me if there is a statute of limitations on law suites if someone buys your home and later finds something wrong with it that wasn't disclosed? Thank you.
There are different statues of limitations depending on the context. If you are referring to fraud where the seller fails to disclose known defects (this is considered fraud) - the statute of limitations in CA is three years (from what I gathered from my research). I would check with your state's statues of limitations..it may differ.
Thank you for the info. and I love your wonderful videos!
Amazing info. Thanks so much. Florida is a buyer beware state. A seller does not have to fill out a disclosure form unless requested by the buyer.
Common room....primary bedroom..Hollywood bathroom, ....this is VERY CA.... Scottsdale, AZ....PA...Fl... A realtor needs to work for me.
Excellent presentation. Thank you for sharing.
Thank you...appreciate the compliment and thanks for watching.
Thank you for info
My pleasure...glad you got some value.
It may be a primary bedroom in California but in Texas, we call it the master. Jack and Jill bathroom is also fine.
I hear ya...I still mess it up!
Love you. Not so much CA. Politicians on the blue hair side have made it very clear for patriots to stay clear.
Hi Audra, can seller not pay for buyers agent or able to negotiate? Please do give us your suggestion. Thank you
Hello there, commissions are always negotiable. Most people don't know that. A seller has never been forced to pay a buyer's agent commission, they probably just didn't realize that. The reason a seller in the past paid for the buyer's agent commission was to assist with paying for the buyer's representation. Before... when the seller wasn't paying the buyer's agent's commission...most buyer's couldn't afford their own representation so they were forced to used the seller's agent. Lots of law suits later (buyer being taken advantage of, not properly represented etc), the new commission structure occurred where the seller would offer a commission to the buyer's agent so that the buyer had proper representation. Today, you are not required to pay for the buyer's agent commissions. However, many buyers may not be able to afford the commission of their buyer's agent. When they make an offer, the buyer may ask for a concession amount to assist with their buyer's agent's commission. The seller may say no...but the buyer can always ask. In other words, its negotiable. The buyer is responsible for paying their buyer's agent's commission...however, the buyer may ask the seller for assistance.
I got to a closing on a Friday. It was late...the wife heard something I said and got mad and got a call SAT they said nope we are pulling out. However the sellers husband came to his senses. We did close. But carful ....
I need some info on your outfit. It's gorgeous!
Well thank you so much!! My blazer is by Reiss, not sure about the blouse. My scarf is Loewe...its really old but I love it. I think I am just wearing white jeans. Really appreciate the compliment.
Only'as is condition' in special provisions cover any of under disclosure? And final walk thru should prove buyer to close?Just askin
Okay...AS IS is just a clause stating that the buyer is purchasing the house in the same condition as the date they signed the contract. The AS IS clause is not a disclosure and does not cover the seller from lawsuits. A final walk through is just a quick "walk through" of the property to verify everything is in the condition agreed upon and everything is in place. I had one seller actually take toilets out of the house...and large plants in the front of the house. This is not good. Of course, the sale was delayed because toilets and plants needed to be returned. That is the purpose of a final walk through. Disclosures are written down where the seller will provide details about the property they are aware of. If there is something the seller did not disclose and the buyer can proved the seller knew about, there may be grounds for litigation. Hope this helps. Thanks for the question.
I will be one of them thanks for the info
Audra, when you say include disclosures, is that including repairs that were done when you bought the property? Like former disclosures?
That link you've given to Banned Descriptive Words -- use with caution because sadly it contradicts your much more valuable advice. For instance: it says that the following are Acceptable: "Near a Golf Course" / "Close to Downtown" / "Family Room" / "Quality Neighborhood".
Yes, those are HUD Banned words...then there are Real Estate words you want to avoid. In fact, I just took my real estate continuing education course that reviewed a few of the words not to use in the video I posted. The goal here is to protect yourself. Stay away for words that trigger people and vague descriptive words. There is no police out there monitoring people's language...until you get a cranky buyer who has it in for you. Better to play it safe.
What happens if buyers agent brings buyer to view property and then buyer comes back with a different agent to purchase? No exclusive agreement with first agent. Will first agent come back and demand seller pay commission?
do you need to do disclosures if you are seller financing the deal? as a realtor, would you seller finance in this market? I was thinking of doing 5% with a 3 year balloon with 10% down payment.
When your buyer makes an offer, in the offer it will state what type of financing they will be using. If it’s seller financing that will be in the offer so there is no need to disclose that as a seller you are financing the deal. A lot of seller offer seller financing. Just know the pros and cons of doing it. The main downside is if they stop paying and you have to go through the foreclosure process. The upside is, you are making a return on your investment. Why do people offer seller financing, they do it every day. It is very helpful for some buyers who are having a harder time qualifying or coming up with the down payment. May not be a bad idea. Once again, just know the upsides in the downsides before moving forward.
Excellent video, Audra. Well done!
I've owned 7 houses over the years and never made more than $100k and even that was a gift from Manna. I can't even imagine having a house so big it's sale generated $500k. Must be NOICE
That buyer -- who sued the seller for $10k because of the use of "newer windows" -- was a difficult person. IF A BUYER PROVES DIFFICULT AT ANY POINT DURING THE SELLING PROCESS, BUST THE DEAL; IT'S NOT WORTH THE HEADACHES.
Yup...there are a lot of difficult people out there. Sometimes their agents keep the communication neutral...so the other side doesn't realize how difficult they are...until...LATER. Some people are forced to sell and don't have the luxury of choosing a pleasant buyer. You do make a good point.
Hi, couldn't get that List from the Fair Housing link to work, said there was an error, could be located.
Here ya go: fairhousinginstitute.com/wp-content/uploads/2020/06/Fair-Housing-Advertising-Words-Phrases-List-1.pdf
Excellent info!
So glad you think so!!
NEAR😂🤣 Reminds me when I lived in Miami I found an ad for a rental, NEAR the design district. Haha 2 miles west of the design district actually in Pork & Beans🤣😂 So of course I lived there and told everyone I lived Near the design district
Laughing...Yes, everyone has a different opinion of NEAR. Thanks so much for sharing.
Excellent information. Outstanding presentation. I was impressed! :>)
Thank you very much! You just made my day. Thanks for your kind comment.