Disclose, Disclose, Disclose!
Once upon a time there was a transaction wherein the Realtor representing the Buyer noticed some abnormalities in the Seller’s answers to questions on the Disclosures. FYI, when you are selling a home, the best and only rule is “Disclose, disclose, disclose!”. In this situation, the Seller, who had lived in the house for some time, seemed to have excellent knowledge of some things and no knowledge at all of things such as whether the roof had leaked while he/she lived there, whether there were any drainage problems on the property, and whether the main systems of the house were in good working order. A quick call to the Seller’s agent resulted in answers forthcoming that the Seller had not experienced any leaking from the roof, nor noticed any drainage problems, and that the systems were all working just fine. I think Seller’s get nervous when filling out these disclosures as they can seem like being asked to air your dirty laundry. Disclosures, however, are really important to the Seller and the Buyer alike. Basically, you just want to look at each question and answer to the best of your ability and knowledge. Sometimes an “N/A” is in order. Sometimes a “Yes” or a “No” is really called for, and sometimes an “Unknown” is absolutely fine. If you are a Seller and fail to disclose something about the property, and it becomes apparent after closing, you could possibly be liable for misrepresenting on your Disclosures… even if it was just a slip of the pen or a spat of bad memory. It’s much better to just let it all hang out, and your Buyers will appreciate your obvious candor. A Buyer feels much more comfortable seeing a few dings on the disclosures than they do wondering at odd answers or obvious misstatements… such as that all work was done with permits when the naked eye can tell that some was not. Again, sometimes you have to take a moment to remember… especially if you’ve lived in a home for a long time. So anyhoo, better just to lay it all out there. Calms everyone right down, protects you as the Seller & sets the tone for a good transaction.
Oil Tanks & the DEQ
Speaking of instructional situations… Make sure that when you are purchasing or selling a home whose heating system has been updated at some point, you check to find out if there was ever an underground oil tank on the property. Dianne and I have written posts on this in the past and you can find them in the archives here, but it is very important to find out 1) If one was/is on the property, 2) If so, was it decommissioned?, and 3) If it was decommissioned, was a DEQ Certificate obtained? (You can call DEQ, give them your address, and find out pretty quickly.) This last question is the kicker, and I find that people are confused about it. If you are a Seller and bought your home with the understanding that it had an oil tank that was decommissioned, but you did not find out if there was a DEQ Certificate and there is NOT one… You will most certainly be required to provide one before closing (Your Buyer does not want to inherit this situation for themselves for when they sell in the future). This involves calling a DEQ-licensed Environmental Services provider. The process includes locating the underground tank, taking soil samples, checking the decommission job if one was done, and verifying that it was done to DEQ standards. If all this checks out, you can get yourself a DEQ Certificate to pass on to your Buyer. So… better to check this out before putting your property on the market rather than getting surprised during a transaction. And Buyers… remember to ask your Realtor about this for more clarification.
Feel free to call Dianne or myself any time for more information on any of the tidbits we provide. We love to help our Property Blotter readers and clients! Hope this was helpful to you today.
Very Best,
Linda
I have a very great fondness for the 
This subject is leading me to a little bit of Oregon history. As you drive around the metro area you’ll see quite a few roads that feature the word ferry in their name: Taylor’s Ferry Rd, Graham’s Ferry Rd, Scholls Ferry Rd. And here in Lake Oswego, Boones Ferry Rd is one of the major streets in town. These roads were conveniently named to lead travelers back in the days before we had bridges across the Willamette River to the many ferries that aided with these crossings. Boones Ferry Road led to the Boones Ferry, which was located where what is now Boones Bridge in Wilsonville (actually the current location of the Boones Bridge across I-5). Boones Ferry was operated by Alphonso Boone, a grandson of Daniel Boone.
According to the latest Market Action Report for the Portland area “Closed sales in the Portland metro area for July 2009 eclipsed last July’s total by 8.6%, marking the first time same-month closed sales have increased since April 2007. Pending sales also grew 8.3%. New listings dropped 25.4% . Comparing July 2009 with June 2009, closed sales increased 11.9% (1,988 v. 1,776) and pending sales were up a slight 0.3% (2,170 v. 2,164). New listings fell 8.2% (3,907 v. 4,257).”
If you have been reading the Propertyblotter for awhile, you know that I am a big supporter of the annual Race for the Cure. I am now a 2-year breast cancer survivor. It’s a club I never wanted to join, but now that I’m in it, I’m doing whatever I can to keep other women (and men too) from having to join.
Breast cancer will strike one in 8 women in her lifetime. My great-grandmother died of breast cancer in 1929, at the age of 48, the same age that I was when I got my diagnosis. Luckily for me, in the 80 years since my great-grandmother died, thousands of people have put time and money into education and finding a cure. I see it as my duty to pay that forward so that future generations don’t have to live in the shadow of this terrible disease.
Even more than inviting you to walk with me, I would like to ask you to consider making a donation. It is such a worthwhile cause. $77 pays for one un-insured or under-insured woman to get a mammogram.
Here in Lake Oswego we are blessed with the long, warm days of summer that come on the heals of the misty and rainy days of May and June. The combination, along with personal commitment to gardening, leads to a rich bounty that is currently at its abundant peak. I don’t know of a better place to see this, in all of its glory, than at the community garden at Luscher Farm.
The community garden is just one part of Luscher Farm, but it is a high-light, for sure.
If you are not a returning gardener, but would like to have a garden plot next summer, I recommend that you call the City of Lake Oswego Parks and Recreation Department on December 1st to find out the date and time that the plots will be distributed. In the past they were given out on a first-come-first-served basis and all plots were gone within an hour or two of being offered. This year they are considering a lottery system, but that decision has not been made. The phone number for Parks and Recreation at the City of Lake Oswego is 503-697-6500.
Luscher Farm is also home to the 
your good health. In the summer shareholders pick up the bounty of the crops on a weekly basis. In the late fall through early spring it is less frequent, but it still happens. I visited the wesite for 47th Avenue Farms and found discriptions of various share options, but no specific pricing. I would imagine that next year’s membership is still being formulated. There is a link to a waiting list as well as for e-mailing to get information. The website is