DEAR BARRY: Our home is listed for sale and we’re concerned about whether to disclose a former drainage problem. The property is in a 100-year flood zone. We used to have flooding in our basement, but this was repaired more than a year ago, and no water entered the basement during the last rainy season. Do we have to disclose this, and if so, what is the best way to spin it? –Helen

DEAR HELEN: Be careful how you approach this. When it comes to disclosure, to spin is to sin. The best thing is to tell it the way it is. Because the house is located in a 100-year flood zone, one year without flooding is not conclusive.

What matters is the scope and extent of the corrective work that was done, whether it was done by qualified drainage specialists, and whether the work was permitted and signed off.

Assuming that the drainage repairs were done with proper expertise and approval by the building department, full disclosure is still a wise and prudent posture for a seller, and here’s why.

If any drainage problem occurs in the future, it would be better, in terms of liability, to have disclosed the history to the best of your understanding than to be accused of having withheld information about a pre-existing condition.

We live in a litigious society. When in doubt, disclose.

DEAR BARRY: When we bought our home, the agent said it was 1,510 square feet. Now that we are selling, another agent said it seems smaller. He checked the appraisal from the time of our purchase. It says 1,408 square feet.

He called a professional to measure the house again, and this time the result was 1,308 square feet. Why do these measurements keep changing, and how much will this size difference affect the resale value of our home? –Walter

DEAR WALTER: It is possible that someone included the square footage of the garage when you purchased your home. But this is just a guess. The main issue is appraisal value and how this will be affected by the smaller square footage. Actually, the number of bedrooms and bathrooms in the home will probably have a greater effect on value than the square footage.

To determine how the size difference will affect your resale price, a certified real estate appraiser should be consulted. Ask the appraiser for a "ballpark" estimate of the value difference between 1,510 square feet and 1,308 square feet in your neighborhood.

DEAR BARRY: We bought our house six months ago, after having a home inspection. After the first rains, we had water in our basement. Our home inspector had said nothing about this. Can we hold him liable for this oversight? –Sara

DEAR SARA: Whether your home inspector should have disclosed potential water intrusion in the basement depends on whether there was evidence of past flooding at the time of the inspection.

Conditions that would indicate possible flooding include water stains, dry mud, a high water line, or actual damage. You should call your home inspector and ask for a reinspection of the basement.

Show Comments Hide Comments
Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
By submitting your email address, you agree to receive marketing emails from Inman.
Success!
Thank you for subscribing to Morning Headlines.
Back to top
Only 3 days left to register for Inman Connect Las Vegas before prices go up! Don't miss the premier event for real estate pros.Register Now ×
Limited Time Offer: Get 1 year of Inman Select for $199SUBSCRIBE×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription
×