As Is? Follow the Law and Tell Truth

Robert Bruss has offered your readers wrong and harmful advice regarding “as is” sales (‘As Is’ Listing Doesn’t Free Seller From Disclosures,” Nov. 12). To the seller who has been noticing a settling porch he advises silence lest the buyer use this condition as a pretext to renegotiate the price and pocket the gain. Besides, he continues, “the possible problem doesn’t sound serious.” His attitude seems to be to let the buyer figure out what problems are serious or not.

This attitude has not been shared by the rest of the real estate industry--or the courts. As a result, sellers have been required by law for sometime now in California (and in other states) to disclose in writing “significant defects/malfunctions’ of their properties to prospective buyers. One question they must answer is: “Are you (seller) aware of any of the following . . . any settling from any cause. . . ?”

Clearly the seller who wrote to Bruss should have answered “yes” and explained. If the buyer had any concern they could then resolve the problem during escrow with the help of their realtor rather than discover a surprise after the close of escrow and possibly seek a legal remedy. To my seller clients I advise: Follow the law and tell the truth.

RICHARD STANLEY, The Prudential-Jon Douglas Co., Los Angeles