Fred Griffin Florida Real Estate, Licensed Florida Real Estate Broker (Fred Griffin Real Estate)

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Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

treasure huntFor Florida, sellers of residential real estate must disclose any material defects that could affect the property's valueThis includes defects that are not easily detected by the naked eye, or defects that could adversely affect the property's value. Heirs don't occupy so it's a tiny bit looser as to what they have to disclose. The gas cans and ammo were visible so they are responsible. Also Federal lead paint disclosure needed.

Why didn't the listing agent tell them they have to clean up those items? Seems like you could easily get a "jobber" to go in and take the personal effects on the promise that what they find in a pocket is theirs??? 

Nov 16, 2023 09:04 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services


Yes.  If it were my listing (and I have had many like that) I request the seller pay for hauling, trash out, etc. I have not yet had a seller refuse.  I manage the process and the seller pays for the service. 

In this situation, I would definitely disclose, and I would create an addendum to the listing agreement memorializing our understanding regarding contents. 

Nov 16, 2023 11:50 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Sure, disclosures are always good, if the seller does not want to disclose then the agent should.

Beyond that...

Glass half full/glass half empty?

Sellers who dont clean up can expect to sell at a large discount, do you have any investors to take this on?

Offer to have your clean out crew take this on after closing if you are working with the buyer.

Or, an add on fb mkt place could have most of this cleaned out in a weekend with the remainder tossed into a dumpster on Monday.

We routinely do this for some of our clients who just want it gone, doesnt take much and the clients are willing to pay an upfront fee to get it done.

Nov 17, 2023 12:41 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Best to arrange a company to clean the house to avoid any mishaps or intentional damage to the house.  Unfortunately, Fred, many heirs to their parents property have no emotional ties or are not concerned with anything but the $$$ signs!

Nov 16, 2023 08:00 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Disclosure at the very least, we know about. At the very most, only what we know about. Remember, an accounting of your involvement or lack thereof is our responsibility (ability to respond). Since America tends to solve problems via litigation, we must "mine" our own business first.

Nov 16, 2023 11:51 AM
Andrew Mooers | 207.532.6573
Northern Maine Real Estate-Aroostook County Broker

"As is, where is". Take the place or don't. Can of lighter fluid, empty lawnmower red plastic gas jug and jingle bells, shot gun shells don't stigmatize the home. Don't make it a candidate for the super fund clean up. Bob Crane sizes it up simply.

Nov 17, 2023 04:07 AM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

As a listing agent I would decline to take the listing without an agreement to have a trash out done. Second, a signed disclosure that the heirs have never occupied the property and highly suggest the buyer have a home inspection.

Nov 17, 2023 03:49 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

I would certainly think so, Fred.  Why would they want that possible or potential liability on themselves?  

Nov 17, 2023 02:16 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

LA should totally have control of how the home is presented.

Nov 16, 2023 10:27 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I would think that some of what you mentioned is a code violation & hazardous. Has to be removed to be safe. Evidently LA doesn't care if someone shoots up or blows up the house.


In IL, there is no as-is unless the situation is that the heirs have never been in the house. Some of that stuff is plain sight.

Nov 16, 2023 09:28 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

In my opinion if a disclosure is not specifically called for then let it be Fred Griffin Florida Real Estate .

Nov 16, 2023 09:04 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

Someone needs to remove the shotgun shells. She could possibly give everything to an auction company or have it auctions and let it pay for itself. I guess the new owner can do that as well. 

Nov 17, 2023 06:26 AM
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

Buyer beware, is the overriding issue.  Lots of  negotiation here and some one mentioned yesterday, that price makes it right. Asking is not always getting.  That is why people think we make the big bucks.  

Nov 16, 2023 01:28 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC

In NC, it's not required as it's not part of the property but, the LA should know she or the seller needs to dispose of the crap before they can Close.

Where is this property located? It's part of our Contract here in NC. As-is, where-is does not mean you leave your parent's 💩 behind!

Nov 17, 2023 06:51 AM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

It's more troubling that the listing agent doesn't care. The out of state heirs did what out of state heirs do . . . come steal and fight over the good stuff and leave the rest. Haz mat though? Ammo? That stuff needs gone. 

Charities will come and remove items . . . I know in my area there are several and few things they won't take. 

If no one wants to do the minimum here, yes there needs to be disclosure prior to anyone entering the home!

Nov 17, 2023 06:50 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

If I were the listing agent, I'd be disclosing just to be sure I'm protected down the line whether it was required or not.

Nov 17, 2023 04:33 AM
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

If you have to ask if you should disclose then you should disclose.  That's the rule of thumb.

Nov 22, 2023 09:08 AM
Ryan Huggins - Thousand Oaks, CA - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'd ask the LA if I could give them a couple bucks for the shotty shells.  Beyond that, gas cans and lighter fluid are not uncommon at all.  I wouldn't worry about them.

This is an investor special.  Pure and simple.  They'll factor that into the price.  House probably needs a full rehab anyways.

There should be something in the seller's counter-offer to indicate that the house will be turned over with all of the junk inside it, so that any "broom swept" type requirements are out of the contract.

I've done many of these over the years.  2-3 big roll-off dumpsters is just part of the equation.

Nov 17, 2023 11:13 AM