Advice (SRiC I need your help)
Thread Starter
VIP Member
iTrader: (2)
Joined: Oct 2004
Posts: 5,120
From: Napa, Ca.
Car Info: 03 WRX
Hmmm...
http://www.dre.ca.gov/disclosures.htm#_Toc122939774
Kinda hard to tell if they're specifically talking about aids, but from my interpretation it says the statute is three years after the offer is made to purchase the house? Combine that with what NYR said ant it comes up to seven years. This is getting complicated.
http://www.dre.ca.gov/disclosures.htm#_Toc122939774
D. No Disclosure Required for Manner/Occurrence of Death; Affliction of Occupant with Aids
No cause of action arises against an owner or the owner’s broker/agent (or any cooperating broker/agent) when selling, leasing, or renting real property for failing to disclose to the buyer, lessee, or renter the following:
• the manner or occurrence of an occupant’s death upon the real property if the death occurred more than 3 years prior to the transferee’s offer to purchase, lease, or rent the property; or
• that an occupant of the property was afflicted with, or died from, Acquired Immune Deficiency Syndrome (AIDS).
This controlling statute does not change the law relating to disclosure of any other physical or mental condition or disease of an occupant or the physical condition of the property. If the buyer asks a direct question concerning deaths occurring on the real property, this statute will not protect the owner or broker(s)/agent(s) from misrepresentations.
(Cal. Civ. § 1710.2)
No cause of action arises against an owner or the owner’s broker/agent (or any cooperating broker/agent) when selling, leasing, or renting real property for failing to disclose to the buyer, lessee, or renter the following:
• the manner or occurrence of an occupant’s death upon the real property if the death occurred more than 3 years prior to the transferee’s offer to purchase, lease, or rent the property; or
• that an occupant of the property was afflicted with, or died from, Acquired Immune Deficiency Syndrome (AIDS).
This controlling statute does not change the law relating to disclosure of any other physical or mental condition or disease of an occupant or the physical condition of the property. If the buyer asks a direct question concerning deaths occurring on the real property, this statute will not protect the owner or broker(s)/agent(s) from misrepresentations.
(Cal. Civ. § 1710.2)
Registered User
iTrader: (1)
Joined: Nov 2002
Posts: 639
From: Folsom, CA
Car Info: 98RS - Pretty Blue
Originally Posted by VIBEELEVEN
I need advice.
Nondiscriminatory advice from everyone and anyone willing to give an explanation for your opinion on a quite serious dilemna I'm facing.
I have an opportunity to purchase a seemingly ideal home for well under the asking price (50+k) and have another 25-45k in realtor fees, closing costs, carpet, paint,etc and contingent on the sale of our townhouse deducted from the cost.
Here's the kicker...
Some chick murdered her husband in it. She's spending a life sentance in prison right now, and claimed it was a suicide but was still convicted by a jury.
It's probably worth about 75k more than we'd end up getting it for. I heard there was a statute of limitations for any kind of informational disclosure like that of three years, it's been two and a half or so, my father in law is an investigator for the DA's office, that's the only reason we knew about it. Is there a don't askk, don't tell policy after a certain period of time or what?
What would you do ?
Nondiscriminatory advice from everyone and anyone willing to give an explanation for your opinion on a quite serious dilemna I'm facing.
I have an opportunity to purchase a seemingly ideal home for well under the asking price (50+k) and have another 25-45k in realtor fees, closing costs, carpet, paint,etc and contingent on the sale of our townhouse deducted from the cost.
Here's the kicker...
Some chick murdered her husband in it. She's spending a life sentance in prison right now, and claimed it was a suicide but was still convicted by a jury.
It's probably worth about 75k more than we'd end up getting it for. I heard there was a statute of limitations for any kind of informational disclosure like that of three years, it's been two and a half or so, my father in law is an investigator for the DA's office, that's the only reason we knew about it. Is there a don't askk, don't tell policy after a certain period of time or what?
What would you do ?
j
BanHammer™
iTrader: (8)
Joined: May 2000
Posts: 47,596
From: Wagonmafia Propaganda Lieutenant
Car Info: 2014 Forester XT
Originally Posted by ilmaestro
If this were spring 2005 and you could offload it by summer I'd say sure. It's too late now. Year over year median home prices saw the first decrease this month since 1997, area inventory broke an all time record (adjusted for population) as of today, and forclosures are going through the roof (quadrupled already this year, and is just the beginning). Property value will plummet shortly... so... don't buy.
j
j
Registered User
iTrader: (1)
Joined: Nov 2002
Posts: 639
From: Folsom, CA
Car Info: 98RS - Pretty Blue
Originally Posted by Mr. Xevious
good.. I need to buy a house soon
http://sacrealstats.blogspot.com/
http://sacramentolanding.blogspot.com/
http://sacramentohousingbubble.blogspot.com/
http://flippersintrouble.blogspot.com/
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