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Elizabeth Weintraub
California Transfer Disclosure Statement Mistakes Made by Sellers
Follow your agent’s tips to fill out the Transfer Disclosure Statement online.
Completing the California Transfer Disclosure Statement can be troublesome for many sellers in Sacramento. Although these documents are common place for most real estate professionals, we need to remember our sellers are not licensed in real estate. They don’t understand our lingo and “shop talk” has no place in Sacramento real estate. We need to make the completion of seller disclosures simple and easy for our clients.
I always tell my clients to call me if they have questions when completing the Transfer Disclosure Statement. We have only 7 days to deliver them to the buyer after contract acceptance. They don’t always call. Maybe it’s late at night when they get around to viewing the paperwork online. They just want to finish it and be done. Therefore, sellers might skim through the paperwork and not completely read the questions.
Common mistakes routinely made by sellers when completing the Transfer Disclosure Statement
On page one, Section I, Coordination With Other Disclosure Forms, there is a box for adding reports made pursuant to the contract. YES, check that box. The buyer will do a home inspection and possibly pest or roof or chimney or sewer, a whole slew of inspections.
On page one, Section II, Sellers Information, there is a box to check as to whether the seller is an occupant or not an occupant. Basically, do you live there or not? If the seller doesn’t live in the house anymore, the seller is not an occupant. Easy answer, but many sellers don’t know.
Also on page one are the items included in the sale of the home and descriptions. Here are hard-to-answer questions:
What is a 220 volt? It’s an enormous receptacle with 3 prongs that your dryer plugs into.
What is an Exhaust Fan? In the ceiling, generally, in laundry rooms, bathrooms and in your range hood in the kitchen. It sucks moisture out.
Number of Remote Controls? This is the device that opens your garage door. If you note 2 remotes, you better have two remotes to hand over to the buyer at closing. If you’re unsure, put zero. Be safe.
What is a Gas Starter? This is a key on the wall that starts a gas fireplace. If you have a wood burning fireplace, you do not have a gas starter.
Page 2 Part C of the Transfer Disclosure Statement, more common mistakes when sellers check No and should check YES:
Item #2) This is almost always YES. If for no other reason than you have a fence, usually in the back yard, that is shared and separates a neighboring property from yours.
Item #12) CC&Rs. Almost every home in Sacramento has CC&Rs. These are covenants, conditions and restrictions recorded in the public records around the time the home was built. The preliminary title report will tell you whether there are CC&Rs recorded against the property. Your title insurance policy when you bought the home will disclosure CC&Rs in Schedule B and except them from coverage.
Item #13 and #14 concern properties located within a Homeowner’s Association. If a seller pays an HOA fee to an HOA, then an HOA has certain authority. Check YES. If there are common areas shared with neighbors in an HOA the answer to #14 is YES as well.
At the bottom of the second page, if you checked YES to any of the 16 questions, you need to explain WHY you answered in the affirmative. Be brief. For example, you might say: #2 Fences. And it explains it all in one word.
Risk management says if you’re gonna get into trouble with the buyer, it could relate to the Transfer Disclosure Statement. Unhappy buyers who believe a seller lied to them are the worst kind to face in court. Don’t make these common mistakes when completing the TDS. If you need assistance or have a question, call your Sacramento Realtor for guidance. We are here for you.
How a Sacramento Realtor Had to Sell the Same Home Seven Times
No Sacramento Realtor in her right mind sets out to sell the same home seven times. Especially not over the course of the last 5 years. But that’s exactly what happened with this particular home in Sacramento. Yup, I had to sell the same home seven times. The first escrow happened in 2012, and it was a short sale at that time. The roof leaked terribly, lots of dry rot and it was difficult to find a buyer. That was basically the last year in Sacramento for short sales. People were turning to buying homes with equity by then.
Naturally, this meant I had to weed through 3 different sets of buyers, three different escrows, just to get to closing. You get the first buyer just to put the bank on notice that you’re doing a short sale. The second buyer replaces the first when the first buyer runs off to buy something else because they can’t wait. Then the second buyer waits long enough for the bank to respond before that buyer bites the dust. Finally, the third buyer piggybacks off the previous work, and that buyer closes escrow. That buyer was a flipper.
You’d think I would be done with this house, right? The flipper is gonna hire his own agent to sell when the work is finished. But no, along comes a buyer who calls and was dying to see the house. By now, the roof had been replaced, and an addition jumped the square footage from 1,400 or so to over 2,000. We warned the buyers not to buy a flipper, but they did anyway. The sellers had to tent the house prior to closing. So this is how I sold the house 4 times so far. Three more to go.
Fast forward to last fall when the buyers called and needed a larger home for their family. We sold them a home in El Dorado Hills, IIRC. We came on the market in November and went pending almost immediately, within one day. The buyers were madly in love with the house, and everything was going really smoothly. You did not think I would have to sell the same home seven times, but these 5th buyers, alas, were not our buyers. In the end, they couldn’t qualify for a loan.
Back on market again. I pulled a new MLS number to reset the days on market and make the listing more appealing to eager buyers. Because it was close to Christmas, this next go-around took a week to sell to the 6th buyer. We had 2 offers, one from the agent from hell. Fortunately, I don’t work with very many agents from hell, but this one, let’s just say there wasn’t any disappointment when we sent the Withdrawal of Counter Offer because the second offer was better. A well known colleague in my office represented the 6th buyer. What could go wrong?
Plenty, it seems. We never found out really what the buyers’ problems were or why they canceled. After a couple of weeks in escrow, they seemed to have developed cold feet. I rarely point the fickle finger of fate at the buyer’s agent when this happens because I doubt the agent was thrilled with the change of events.
My sellers were simply devastated. I felt their pain, and it made me pretty sad, too. I want my clients happy and excited, not depressed and desperate. I cheered them up the best I could and tried to paint a rosier picture of the future. I assured them, absolutely without doubt, I would sell it again, and it would close the third time. They know I don’t make promises I can’t keep. We pulled a new MLS number to reset the days on market again. Keeping up my sellers’ spirits when the unexpected happens is a huge part of my job. It’s emotional management. Not every agent is good at it.
Sure enough, within 24 hours, back in escrow. The 7th set of buyers, thank goodness, were represented by a strong Team in Sacramento. There were plenty of issues such as why we couldn’t find a building permit. Why the shower floor needed to be torn up. Why several of the pest reports contained conflicting information. But I was able to explain everything in such a way that the buyers accepted the home in its AS IS condition and still agreed to pay list price.
This home closed escrow last week. It’s how I ended up having to sell the same home seven times. I made no money on the first sale because it involved 6 months of work and it was a short sale. I didn’t make much on the second sale because my buyer’s agent got the biggest cut. But I finally got paid on the third sale after 2 failed escrows. This is how an agent can sell the same home seven times and not really make any money. Now that I reflect on it. LOL.
Tips to Visit Pearl Harbor and Michel’s at the Colony Surf
Adam and Elizabeth Weintraub at World War II Valor in the Pacific National Monument.
The driving force behind our 48 hours in Honolulu adventure was to visit Pearl Harbor. Followed, of course, by a quiet dinner at Michel’s at Colony Surf. That was our last half of the 48 hours in Honolulu trip. The first 24 hours was a trip to the Bishop Museum to see royal artifacts and learn more about the overthrow of the Monarchy. Coupled with dinner at Le Mer. But this second half was our real reason for visiting Oahu from Big Island.
I had already booked the tour when my husband produced my senior lifetime national park pass. You probably can’t get those anymore. Not that we could have used it anyway. Because the park at Pearl Harbor gives away a limited number of free tickets in the morning, but you have to be there at oh-dark-thirty to stand in line. With a private tour, you can go at a more decent time of day, say 10 AM. And the private tour company picks you up at your hotel and drives you around sight-seeing spots, too. So you don’t have to drive to Pearl Harbor or take a cab. It’s just much easier for $45 a person.
As I dressed to leave our hotel, I had one hand on the door knob of our room when I looked down at my t-shirt. Uh, oh. Second thoughts about my attire. “Do you think this is insensitive?” I asked my husband, pointing to what I had called a pineapple with a purse on top in the store while he more accurately assessed the image as a hand grenade. Which made me want the t-shirt even more. Nope, probably NOT the thing to wear to visit Pearl Harbor. Fortunately, my husband had brought an extra t-shirt I could wear. Well, Day of the Dead beats hand grenade.
Touring the USS Arizona Memorial is the main reason people visit Pearl Harbor.
The tour starts with free time in the park to walk around exhibits and read the ages and names on plaques of civilians and military who died. You can see the USS Arizona memorial out in the water, constructed over the sunken ship. I had toured this memorial in 2014 by myself prior to my Vanuatu trip, but I really wanted my husband to experience what happens standing in front of those engraved names of men and women who died in the bombing by Japan.
After we watched a 20-minute movie, that always makes you cry, we were told to get on the ferry. Nobody told us we were not able to land at the USS Arizona Memorial. Nobody told us when to take photos. Nobody told us anything. The communication was terrible. We got as close to the memorial as you can see in the photo above when the ferry abruptly turned around and headed back to dock. It was too windy, officials later said when we were on dry land.
The National Memorial Cemetery of the Pacific, known as the Punchbowl.
Part of our visit to Pearl Harbor included a trip to the Punchbowl Crater where the National Memorial Cemetery of the Pacific is located. Some of the soldiers who died at Pearl Harbor are buried here. Others still remain underwater in the sunken ships. We pulled up next to the grave of Ernie Pyle, the Pulitzer winning journalist from the Washington Daily News. Pyle wrote famous pieces from a first-person point of view about the gritty casualties of World War II.
Iolani Palace in Honolulu is the only royal residence in the United States.
The tour guide, Pualani, let us off the bus in front of the Iolani Palace. This is where the royal family resided in Honolulu. Beginning with King Kamehameha III and ending with Queen Liliuokalani as the last reigning royalty. When the overthrow happened in 1893, Queen Liliuokalani simply stepped down from the throne rather than see her people harmed. The United States did not have the legal nor moral right to seize the kingdom but that’s never stopped our country before.
Elizabeth Weintraub at Michel’s at the Colony Surf, with downtown Honolulu over her shoulder.
Ah, yes, the icing on the cake, to help us get over the fact we didn’t get to visit the USS Arizona Memorial, is a nice dinner. You can see the good mood present on my face as I smiled at my husband. We had just stepped out of an Uber and into Michel’s at the Colony Surf to find a Manhattan with my name on it. This is where I had dinner with Hella Rothwell the day after our wild New Year’s Eve in Honolulu. I was so impressed with this French restaurant that I brought my husband.
The service seemed a bit slow, but that was the only drawback. Location can’t be beat. Ambiance a big plus. Slack Hawaiian guitarist serenades diners. All I could muster for dinner was a warm seafood salad. Had to save my energy for the next morning.
Sesame balls the size of baseballs in Chinatown, Honolulu
Of course, we had to see Chinatown. Every great city in America has a Chinatown with fabulous food. Although, I’m seeing a trend in San Francisco where the dim sum restaurants are moving away from cart service. Which is really a drag. Huge bummer. But not in Honolulu. We found some hole-in-the-wall dim sum place where the locals go, the best kind, usually. Although the Shrimp Chow Fun was double wrapped, a bit doughy, and the shrimp too small.
Our Uber driver told us all about his experience surviving the Hawaii Ballistic Missile Threat. He basically reacted like a moron. Complained that at age 50 his money ran out and he had to find a job. His wife home schools their kids. He wanted to beat up the first cop who might stop him for speeding, whatever, which shows you his irrational thought process. He was a nice guy, despite being so clueless. I think I harbored more favorable thoughts about him than my husband did.
I guess I believe in giving people a break. They’re just doing the best they can.
Elizabeth Weintraub is a top producer at Lyon Real Estate in Sacramento. Call her at 916.233.6759.
48 Hours Honolulu: Bishop Museum and Halekulani Le Mer
Golden sunset over Waikiki from Hilton Hawaiian Rainbow Tower.
Last week my husband and I decided to spend 48 hours in Honolulu. I had such a blast with Hella Rothwell on New Years Eve 2017, visiting again seemed a good idea. Because apart from changing planes in Honolulu, my husband, believe it or not, has never been to the city. He has never visited Pearl Harbor. While I have toured all of the islands, he hasn’t. On top of which, it is good for him to see a bustling city like Honolulu is only 40 minutes away by plane. We can get to Honolulu from Kona faster than, say, from Sacramento to San Francisco.
With carry-on and TSA, we can walk the short distance from the parking lot and whip through security and be at the gate in under 10 minutes. Pre-reserving a cab through Charley’s Taxi is $29 from the airport to hotel. Oceanfront Rainbow Tower at Hawaiian Hilton is half the price of other hotels in Waikiki. Our room, unbelievably, was ready at noon when we arrived.
Elizabeth Weintraub in front of the Bishop Museum’s Hawaiian Hall.
First stop was the Bernice Pauahi Bishop Museum. Charles Reed Bishop built the lava-rock building and museum in memory of his wife, Bernice. Bernice was the last heir of the Hawaiian royal family and a descendent of the Kamehameha dynasty. You may recognize the name Charles Bishop because he founded the Kamehameha Schools and the First Hawaiian Bank.
Sperm whale skeleton and papier maché body hangs from the ceiling.
The Hawaiian Hall features cultural artifacts and royal heirlooms. I also read somewhere the koa wood used to construct much of the cabinets is worth more than the building itself. This building underwent a $21 million renovation. The interior is as interesting and fascinating as the objects housed. If you want to know more about Hawaiian history and culture, this is a good place to start. Although, you can’t really see it all in one afternoon.
Adam and Elizabeth Weintraub at Halekulani Le Mer Restaurant.
With only 48 hours in Honolulu, we tried to cram as much activity as possible into our agenda. Starting with food. Good food is high on our priority list. And I knew the perfect place for dinner. Halekulani’s Le Mer Restaurant. I discovered this restaurant when I stopped in Honolulu to bridge the trips between the island of Lanai and my visit to the islands of Vanuatu. Le Mer means the sea in French.
Duck foie gras, kahlua and coconut gelée raisin bailey mousseline.
If you’ve got only 48 hours in Honolulu, you cannot go wrong by finagling a reservation at Le Mer. It’s a little difficult to find, even when you’ve been there before. I recall the last time I required an escort to find the place. It’s in the middle of the hotel up back stairs without signage. A nice fellow in the hall, most likely a guest, noticed we were lost and directed us. What the hell, you only live once, so the 7-course tasting menu it was.
Roasted scallop, cuttlefish leaf, orange-scented caviar butter sauce.
This dish, as you can imagine, was delightful. The first course featured pieces of squared cocoa gelatin, which only whet the appetite for the caviar in the second. Although, I found it really hard to cut the through the thin envelope of cuttlefish and into the scallop. Didn’t matter. I simply scooped it all into one lump and spooned the seafood into my mouth.
Poached lobster, swirl of tomato chorizo, squid ink gnocchi, chorizo cream sauce.
Our third course sounds tastier than it was but that’s only because I don’t much care for chorizo with my poached lobster. I asked how the chef drew those circles, because if you can draw a perfect circle, you are an extraordinary artist. Well, shattered my illusions. He drew it with a machine.
Filet of beef, foie gras, truffle mousseline, potato balloons (pommel soufflés), sauce Périgueux.
Tender, richly satisfying and mouth melting beef. What can I say that hasn’t already been said about this dish? You might be tempted to pop the potato balloons like me. Which of course I popped. I can’t help but play with my food. For this dish, I settled on a wine from Bandol, a blend of grapes. Grenache and Mourvédre.
Poached meringues, lemon balm anglaise, Pistachio gelato and red fruits.
We did not order the wine pairing with this menu because a) it was another $350 on top of our tasting menu pricing, and b) we had to get up early in the morning. Seemed like 7 glasses of wine was a bit too much for one evening. There is only so much gluttony and splurging one can do, you know. I’d like to think, even if it’s ridiculous, that I possess some part of common sense in my makeup. Yes, the following day we had a tour arranged to visit Pearl Harbor . . . more to come tomorrow.
Tips for Buying a Paddle Board in Kona, Hawaii
Returning to shore in Keauhou Bay on a Lahui Kai paddle board.
Buying a paddle board in Kona, Hawaii, was a bit more involved than I initially imagined. The first thing I learned was a person should really demo the paddle board first. Don’t just pick the prettiest and least expensive paddle board in the store because you might regret it later. Everybody is different when it comes to paddle boarding. When I considered the fact that I’ve actually only gone paddle boarding 3 times in my life and the last time was 4 years ago in Bora Bora, I felt like I needed expert assistance. And not from some mouth breather.
My husband is what I often refer to as the voice of reason, so it’s good that he was in Hawaii to help me out. He is not a guy who enjoys paddle boarding. He tried once and decided it was not for him. Which I respect, even though I don’t want to. I want him to go paddle boarding with me and enjoy the freedom of sailing across the water free as a bird, but it’s not for him.
I mapped out a few shops in Kona, but decided instead to stop at a place near Costco that looked like a local store for buying a paddle board in Kona. They had the stand-up boards with cross bars like an elliptical. You hang on to the bars, which holds you upright on the board and paddle with your feet. Kind of like a stand-up boat. The guy who owned that shop directed us to Sue over at Polynesian Paddling Products. Sue, a beautiful slim woman with silver hair, referred me to Brian Bradley, who makes paddle boards.
Brian Bradley helped Elizabeth Weintraub get on her paddle board.
Brian is a tall, gray-haired, very attractive guy at 70+. I recall Sue telling me she was in her 70’s, too. Being 65 myself, I need people to admire who are older, and these two fit the bill. It’s hard to trust people under 50 nowadays.
Brian invited me to Keauhau Bay to try out a few paddle boards. The first board looked like a regular paddle board. Rounded tip and wide. I climbed aboard. Uh-oh, it took me several tries to stand. I did not feel stable. But once I got up, yes, a calm passed over me and I felt in command of the board. I paddled about but it seemed too wide and it rocked in the waves, almost clumsily.
Look straight ahead and focus are the keys to paddle boarding.
Next, Brian suggested the Lahui Kai, a touring paddle board, at 11 feet 6 inches. They don’t make this kind of board anymore. The new boards are 12 feet, 6 inches. But this particular board was for sale at Sue’s shop. It’s made from carbon fiber and weighs 23 pounds. It even has a riser handle to help with carrying the board. They make a cheaper version of this board in fiberglass, but I loved how easy the carbon fiber board is to carry. Let’s not forget I’m only 5 feet tall.
Elizabeth Weintraub paddle boards in Keauhou Bay near Kona.
Soon as I climbed aboard the Lahui Kai, I fell in love with the board. Your heart will tell you. It glided effortlessly. Stability plus. Made buying a paddle board in Kona so much easier. I could have wandered into any shop on Ali’i Drive and ended up with a completely unreasonable board that I would dislike within a few weeks. Instead, I trusted experience. To go with my purchase, I also splurged and bought a Puakea Carbon Fiber Catch 22 paddle that is fairly weightless and Brian custom adjusted the height for me.
In closing, let me say if you are interested in buying or selling a home in Sacramento, trust experience. Call Elizabeth Weintraub, your Sacramento Realtor and paddle board enthusiast, at 916.233.6759 and put more than 40 years of real estate experience to work for you. I’ll be back in Sacramento on February 1.
