#1 Seller's Disclosures: Why Disclosures Matter When Selling a Loved One’s Home
- Dr Deena Stacer
- Mar 6
- 8 min read
Updated: May 12
How honest, accurate information can build buyer trust, reduce fear, and help prevent surprises during the sale
Selling a loved one’s home often brings up questions no one expected.
What do we know about the house?
What do we have to tell the buyer?
What if the person responsible for the sale never lived in the home?
What if problems are discovered while the family is getting the home ready?
These questions matter because disclosures are one of the most important parts of a real estate sale.
In California, the seller’s responsibility is to disclose known information, and the buyer’s responsibility is to investigate the property before completing the purchase.
That may sound simple, but when a loved one has passed away, it can become far more complicated.
The person selling the home may be a trustee, executor, administrator, or family member stepping in after the owner is gone. They may not know the full history of the home. They may not know about past leaks, repairs, permits, drainage issues, or previous problems.
But they still need to disclose what they do know.
That is where transparency matters.
That uncertainty can feel frightening for families.
Many people worry:
What if we miss something?
What if we disclose something incorrectly?
What if we never lived in the home and do not know the full history?
These fears are extremely common when selling a loved one’s home.
Good disclosures are not only designed to help buyers understand the property. They also help protect sellers who are trying to handle the sale honestly and responsibly.
Why Disclosures Build Trust
Some sellers worry that disclosing problems will scare buyers away.
Sometimes it will.
But that is not always a bad thing.
A buyer who cannot handle the true condition of the home may not be the right buyer for that property.
When known issues are disclosed early, buyers have a clearer understanding of what they are considering. That builds trust. It also reduces the chance that the buyer discovers something later and feels surprised, fearful, or misled.
Good disclosures create confidence.
They help buyers make informed decisions.
They also help sellers move forward with greater peace of mind because the information has been addressed honestly instead of hidden.
They also help families feel safer moving through the sale.
Many trustees, executors, and adult children are afraid they will accidentally do something wrong because they simply do not know the property well enough.
Disclosures help create a structure for sharing known information instead of guessing, hiding problems, or trying to pretend the home has no issues.
A Real Example
I recently worked on a manufactured home where the father had passed away and the brothers were preparing the property for sale.
While getting the home ready, two concerns surfaced.
The first involved a cinder block wall located below a large back deck area. The deck was one of the most attractive features of the property, creating a beautiful outdoor oasis behind the home.
At first, the family feared the wall might be part of the deck foundation or support system.
That sounded serious.
The second issue involved the primary bathroom tub. There appeared to be damaged wood underneath the tub, likely from an old leak or long-term moisture exposure.
Neither issue could simply be ignored.
But this is where expert information changed everything.
Why Expert Information Matters
When my handyman inspected the property, he discovered that the cinder block wall was not part of the deck foundation at all.
The wall had originally been built many years earlier to help hold back dirt on the hillside behind the home. Over time, large willow tree roots had pushed the wall crooked and damaged it.
The deck itself was separate from the wall.
That changed the entire conversation.
Instead of disclosing a possible structural deck failure, the disclosure became much more accurate and much less alarming.
The issue was no longer: “The deck foundation may be failing.”
The issue became: “There is a damaged retaining-style wall below the deck area that was affected by tree roots. The wall is not part of the deck foundation.”
That is a very different disclosure.
And this is one reason expert opinions matter so much when preparing disclosures.
Fear often comes from not understanding what a problem really means.
Families selling a loved one’s home are often terrified that a discovered issue automatically means: a lawsuit a failed sale massive repairs or a hidden disaster they are now responsible for.
But expert information often changes the entire picture.
In this case, the wall sounded frightening until the handyman clarified that it was not part of the deck foundation at all.
That information did not just help the buyer.
It helped the seller stop guessing and disclose the issue more accurately.
Once the problem was evaluated correctly, the seller had better information, the disclosure became clearer, and the buyer could evaluate the property more calmly.
Multiple Repair Options Changed the Decision
The handyman gave two options regarding the wall.
One option was to remove the damaged wall entirely and replace and compact the dirt behind it. Since the wall was no longer truly necessary, this was the less expensive approach.
The second option was to rebuild the wall completely, even though rebuilding it was not considered necessary for the deck or structure itself.
The same thing happened with the bathroom tub.
One option was to repair the damaged wood underneath the existing tub and reinstall the tub.
The second option was to replace both the tub and the damaged wood with all new materials.
Suddenly, the situation became less about fear and more about choices.
That matters in real estate.
Because once buyers understand the true issue and the available options, many problems become manageable instead of catastrophic.
The Seller Chose Disclosure and Credit Instead of Repair
The seller ultimately decided not to complete the repairs before listing the property.
Instead, the plan was to fully disclose both issues upfront and offer the buyer a credit toward repairs at the close of escrow.
The disclosure would explain:
The wall below the deck is not part of the deck foundation
The wall was likely damaged over time by tree roots
One repair option is removal and dirt replacement
Another option is rebuilding the wall
The tub area has wood damage beneath it
Buyers are encouraged to conduct their own inspections and investigations
The seller also planned to offer a repair credit based roughly on the lower-cost repair options rather than taking responsibility for full replacement upgrades the buyer may personally prefer.
That creates a much cleaner transaction.
It also reduced pressure on the family.
The sellers did not have to pretend they knew everything.
They did not have to rush into unnecessary repairs out of fear.
Instead, they gathered information, disclosed what they learned, offered a reasonable credit, and allowed the buyer to investigate further.
The buyer has information before making an offer.
The buyer understands the condition of the property.
The buyer can perform additional inspections.
And the buyer can choose whether they want to make larger upgrades later with their own money.
Why Upfront Information Helps
When buyers discover serious issues unexpectedly during escrow, fear often takes over.
They may begin wondering: What else has not been disclosed?
That uncertainty can create panic, large renegotiation requests, delays, or cancellations.
But when known issues are disclosed early, buyers can evaluate the property before they even write an offer.
They can review the disclosures calmly.
They can ask questions.
They can bring in inspectors.
They can decide whether the home still fits their budget and plans.
That creates a more honest and stable process.
Disclosures Are Not About Making the Home Perfect
Many sellers assume disclosures mean they must fix everything before listing the home.
That is not always true.
There is a major difference between:
hiding a problem
and
deciding how the problem will be handled
Some sellers repair issues before listing.
Some sell the property as-is.
Some offer credits.
Some buyers decide they would rather handle repairs themselves after closing.
The important thing is that known information is disclosed honestly.
What Sellers May Need to Disclose
Disclosures can involve many different types of information, including:
known leaks
water damage
roof problems
foundation concerns
plumbing or electrical issues
mold or suspected mold
pet damage
odors
drainage problems
HOA information
neighborhood noise
land lease or space rent information
title or lien issues
prior repairs
lawsuits involving the property
Not every property is the same.
A manufactured home, condo, trust sale, probate sale, or traditional home sale may all involve different layers of disclosure requirements and documentation.
When the Seller Does Not Know Everything
One of the biggest fears families have is: “What if we do not know the answer?”
That fear keeps some families awake at night.
They may feel responsible for a home they did not maintain, did not live in, and may not fully understand.
They worry they are supposed to somehow know every repair, leak, crack, or prior problem connected to the property.
Most families cannot know everything.
The goal is not perfection.
The goal is honesty about what is known.
That is common when selling a loved one’s home.
The important thing is not to guess.
If the person responsible truly does not know, they should answer honestly based on the information they do have and allow the buyer to complete their own investigations during escrow.
That is why inspections exist.
The buyer has the right to bring in inspectors, contractors, roofers, plumbers, electricians, engineers, or specialists to evaluate the property before moving forward.
The Goal Is a Cleaner Sale
Good disclosures help create cleaner, calmer transactions for both the buyer and the family responsible for the sale.
When disclosures are handled thoughtfully, families often feel less overwhelmed because they are no longer carrying the pressure of trying to hide problems, guess answers, or fear every question that comes up during escrow.
They reduce unnecessary fear.
They build trust.
They help buyers understand the true condition of the property.
They also help sellers avoid surprises later in escrow.
When disclosures are handled properly, the process feels more transparent, more stable, and less emotionally exhausting for everyone involved.
And that matters when selling a loved one’s home.
Read Post Two Next
Disclosures are only one part of preparing a home for sale.
One of the next major questions families face is: “What should we actually fix before putting the home on the market?”
Some repairs help the sale. Some repairs waste money. Some repairs create unnecessary stress and delay.
Read: Disclosure Post Two Next
Disclosures are not only about listing known problems. They are also about how the information is presented so buyers understand what is known, what has been inspected, and what still needs to be investigated.
In Disclosure Post Two, I will explain how accurate repair information, contractor input, and buyer credits can help turn a scary disclosure into a clearer decision-making process.
👉 Read Disclosure Post #2 Next: Seller's Disclosures: How Repair Information and Buyer Credits Help Clarify Disclosures When Selling a Loved One’s Home
Before You Move Forward
If you are responsible for selling a loved one’s home, disclosures are not just paperwork.
They are part of protecting the sale, protecting the family, and helping create safer footing when you are responsible for a home you may not fully know or understand yourself.
If you would like additional guidance, I created free resources to help families better understand the process before moving forward.
👉 Access the free resources here: The Seller’s Guide to Disclosures When Selling a Loved One’s Home
Connect with Me
Dr Deena Stacer
This Doctor Makes House Calls!
858-229-8072
Stacer Realty
CA DRE#0073471
Comments