• Home Sale Nightmare! What You Need to Know about Lawsuits and Litigation

  • Aug 20 2024
  • Length: 22 mins
  • Podcast

Home Sale Nightmare! What You Need to Know about Lawsuits and Litigation

  • Summary

  • In this episode of The Jones Zone, host Darryl Jones sits down with Walt Tamulinas, a Real Estate Broker with years of experience, to discuss the topic of avoiding litigation after a sale. Walt provides valuable insights and recommendations for sellers to minimize the risk of legal disputes after closing a real estate transaction. This episode is a must-watch for anyone selling or thinking about selling their home!

    Episode Highlights:

    • Importance of full disclosure by sellers to avoid litigation
    • Explanation of key terms like "caveat emptor" and "ex post facto"
    • Discussion of essential disclosure forms: Transfer Disclosure Statement (TDS) and Seller Property Questionnaire (SPQ)
    • Recommendations for handling inspections and encouraging buyers to choose their own inspectors
    • Disclosure of neighborhood nuisances (e.g., barking dogs, neighbor disputes)
    • Addressing post-closing issues like water heater problems and providing credits to buyers
    • Use of releases with a 1542 clause to prevent future litigation
    • Overview of additional disclosures: Agent Visual Inspection Disclosure (AVID) and Natural Hazard Report

    Key Questions Asked:

    1. Should sellers disclose potential issues or not? (The answer is always yes, disclose everything.)
    2. How can sellers increase their chances of avoiding or winning litigation after a sale?
    3. What are the essential disclosure forms and reports that sellers should be aware of?
    4. How can sellers handle post-closing issues and requests for repairs or credits from buyers?
    5. What additional protection can sellers consider, such as litigation insurance?

    Guest Information:

    Walt Tamulinas - Real Estate Broker

    Email: walt@erarealestate.net

    Website: https://eranoc.com/

    Contact Darryl:

    Darryl & JJ Jones Real Estate

    Email: darrylandjj@gmail.com

    Phone: (714) 713-4663

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