Who’s Responsible For Reviewing Seller’s Disclosures 

Dear Phyllis,

My daughter and son-in-law recently purchased a home in San Diego for nearly $3 million. The property includes a jacuzzi. They had both a general home inspection and a fireplace inspection, and since everything appeared to be in acceptable condition they didn’t request any concessions. Most of the paperwork was signed electronically via DocuSign, often on their phones.

They mentioned that their real estate agent wasn’t very involved throughout the process — the transaction was largely handled by a coordinator. After moving in, they were exhausted and looking forward to using the jacuzzi only to find they couldn’t get it working. When they contacted the seller’s agent for help, they were sent a copy of the Disclosure, which indicated the heater was not functioning.

This was the first they had heard of it. Given the price they paid, it seems surprising — and frankly disappointing — that the jacuzzi wasn’t working and this wasn’t clearly addressed before closing. They admit they didn’t review the disclosures as closely as they should have, likely because everything was done quickly on mobile devices. Still, I believe their agent should bear some responsibility for not highlighting this issue during the transaction.

Who’s responsible for reviewing seller disclosures?. 

— Disappointed Mom

Dear Mom,

Thank you for sharing your daughter and son-in-law’s experience — I’m sorry to hear about their disappointment.

I’d suggest they take a moment to review the home inspection report to see whether the jacuzzi was specifically inspected. As you noted, the seller did disclose that the heater wasn’t working so the issue was technically addressed, even if not adequately communicated.

Personally, I provide my clients with PDF versions of all key disclosures and documents before anything is sent through DocuSign. I also choose not to use a transaction coordinator so I can review critical items like inspections and seller disclosures with my clients. 

It does sound like their agent should have been more engaged in the process. Even though the disclosure was signed by both the agent and your daughter, it’s understandable that, in the rush of mobile DocuSign signatures, something this important could be missed. That said, it seems that their agent should have flagged something as significant as a non-working jacuzzi heater.

I recommend that your daughter contact her agent — and their manager — to express her concerns. Depending on how they respond, they may be open to contributing to the cost of repairs or replacement. It’s worth the conversation.

Phyllis