Questions to ask a Realtor
By Elizabeth Dougherty
Buying a home is a major fi nancial undertaking.
In Alabama, is the law based on caveat
emptor, “let the buyer beware”, or does the seller
have an affi rmative duty to disclose material
conditions about the property to you?
The law is very tricky on this point and you
should consult an attorney for any specifi c advice.
However, here is a summary of the way it works
in our state.
New home sales are not protected by the
“doctrine of caveat emptor” and builders must
disclose material facts to you. This is not a problem
with reputable builders since their survival
and reputation is on the line with every house
they sell.
Sellers of used homes, however, are covered
by the doctrine of “buyer beware.” While they
are not allowed to use fraud and deceit, neither
are they under a duty to disclose everything to
you. If you are moving from a state where “full
disclosure” is the rule, this news might be more
than a little distressing.
However, the law is clear that if you specifi -
cally ask a seller about a material condition of
the property, they have an obligation to disclose
known defects. While your best bet is a thorough
inspection by a reputable company, here are the
Top 5 questions you should ask the Seller.
Have there every been ANY problems with …
1 The Roof
Typically the most expensive single
item to repair on any house is the roof,
costing thousands of dollars to repair and up to
tens of thousands of dollars to replace. If you are
buying a new home, simply have an inspection
and check the roof warranty. Look for a warranty
of at least fi fteen years.
2 The Air Conditioner
Another area of concern is the air
conditioning system. With an average
life span of 10 –15 years, you must know the
condition of the system you are buying. Also, the
best compressor warranties are for 10 years, but
most are only for fi ve. Ask if there have been any
problems, service calls or repairs. Ask if there is a
warranty and if it’s transferable.
3 Termites or “Wood Destroying
Organisms”
If you are getting a mortgage, and
most of us do, then you will normally have to
have a “termite” inspection report for the lender.
Still, you should ask direct questions about any
past damage due to termites, how and if the
house has been treated, whether or not there is
a warranty, if it’s transferable and if there is any
damage that cannot be seen or easily detected.
4 The Plumbing
Has a plumber EVER been called
to the property? Has there EVER been
a back-up, leak, drip, or problem of ANY kind
EVER? Major plumbing problems are rare, but
they are costly. If you have ever known anyone
who has had a floor torn up to get to an
underground leak, you will not forget to ask this
question.
5 The Foundation
Does the seller have any knowledge
of foundation problems or any settlement
cracks of any kind anywhere in the property?
While these questions seem basic, if you
are buying a home in Alabama you must ask the
Seller these questions and more. Having a Realtor ® as your agent is a good idea, as is getting a
thorough home inspection.
Elizabeth Dougherty, a resident of
Auburn, is a former Real Estate Broker
and Mortage Broker. She can be
reached at EADougherty1@aol.com.
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