Disclosure responsibility: seller or realtor?

[eduk8or]

I am a first-time home seller, and I filled out my realtor's disclosure form for the property to the best of my ability. I own a seven year old home in an eight year old development in a nice suburban area, so most of it seemed formality.

On the form, there was a question about whether or not there is an easement on my property. Everything in this new development is underground (wiring, plumbing, etc.) so my best guess was no. As it turns out, there is a very long storm drain for rain water (I live in Oregon) that runs beneath the entire development, and somewhere between seven to 15 feet of that pipe is beneath the corner of my backyard near the fence line. I did not know this. When I turned in the disclosure form to my realtors, I told them that I filled it out to the best of my abilities, but that I wasn't sure about a few of the items and that I would appreciate them checking my answers against blue prints and city / development planning records they had that I did not. They said they would, and even called me back on a few questions regarding other items on the list, but not the easement.

It turns out the easement was a big deal to a potential buyer. After putting down $2,000 earnest and making a non-contingent cash offer on the home, the would-be buyer terminated the sale in the middle of the signing, citing failure to disclose the easement. (Regardless of his motives -- he said he didn't want the city digging up trees he planned on planting there) I am wondering if I am screwed or if the realtor is responsible.

To plead my own case, I let the realtor know that the reason I hired him and did not go FSBO was for two main reasons: exposure, and wanting to make sure I followed the law and, specifically, disclosure elements. But I think I did check no on that box next to easement, but to be honest, I thought an easement was a financial matter, like a lien. Again, I am a first-time home seller who hired a realtor to help me.

So now I lost the sale and I have to incur more costs of mortgage and other ancilary costs, and the earnest money was retained by the buyer due to the non-disclosure. I feel like I am losing thousands.

Was it my fault or my realtors? Where do I go from here??

[eduk8or]

Initially, I thought an easement was a financial thing. Then I asked a guy at work, and he said it usually has to do with utility lines.

[PghREA]

Filling out the property disclosure is entirely the seller's responsibility. However, if you had questions about what the form was asking you to disclose, why did you not ask your Realtor?

[Gadfly]

Easement is the space on your property used by utilties and government bodies to put in things like power lines, water lines, telephone lines, cable TV, storm sewers etc. The underground utilities that you have may to out of sight, but they still have to be somewhere.

You should have had knowledge of them because they should have been plainly shown on your original survey so there may be an issue there.

But yes, your realtor should have acted on your request.

Most disclosures however are based on your knowledge of your property. Unfortunately, you made an investment in your property without knowing what you were doing. Now you know better. Fill in a new disclusure with the newly gleened information.

[HomeGuru]

Originally Posted by eduk8or

I am a first-time home seller, and I filled out my realtor's disclosure form for the property to the best of my ability. I own a seven year old home in an eight year old development in a nice suburban area, so most of it seemed formality.

On the form, there was a question about whether or not there is an easement on my property. Everything in this new development is underground (wiring, plumbing, etc.) so my best guess was no. As it turns out, there is a very long storm drain for rain water (I live in Oregon) that runs beneath the entire development, and somewhere between seven to 15 feet of that pipe is beneath the corner of my backyard near the fence line. I did not know this. When I turned in the disclosure form to my realtors, I told them that I filled it out to the best of my abilities, but that I wasn't sure about a few of the items and that I would appreciate them checking my answers against blue prints and city / development planning records they had that I did not. They said they would, and even called me back on a few questions regarding other items on the list, but not the easement.

It turns out the easement was a big deal to a potential buyer. After putting down $2,000 earnest and making a non-contingent cash offer on the home, the would-be buyer terminated the sale in the middle of the signing, citing failure to disclose the easement. (Regardless of his motives -- he said he didn't want the city digging up trees he planned on planting there) I am wondering if I am screwed or if the realtor is responsible.

To plead my own case, I let the realtor know that the reason I hired him and did not go FSBO was for two main reasons: exposure, and wanting to make sure I followed the law and, specifically, disclosure elements. But I think I did check no on that box next to easement, but to be honest, I thought an easement was a financial matter, like a lien. Again, I am a first-time home seller who hired a realtor to help me.

So now I lost the sale and I have to incur more costs of mortgage and other ancilary costs, and the earnest money was retained by the buyer due to the non-disclosure. I feel like I am losing thousands.

Was it my fault or my realtors? Where do I go from here??

**A: READ the Oregon real property disclosure law then post back with your answer.

[Ohiogal]

Okay where the heck did my response to this go? Am i being removed or something? I posted first and yet nothing.

[HomeGuru]

Originally Posted by Ohiogal

Okay where the heck did my response to this go? Am i being removed or something? I posted first and yet nothing.

**A: sometimes that happens to me too.