More details to this question:
MY MOM IS SELLING HER PROPERTY WITH A MAIN HOUSE AND A SECONDARY BARN-LIKE STRUCTURE. SECONDARY STRUCTURE WHICH IS TO BE USED AS WORKSHOP WITH FINISHED 2ND FLOOR ATTIC IS GRANDFATHERED BUT CHANGES THAT WERE MADE TO THE 2ND STRUCTURE SUCH AS NEW STAIRS ARE NOT PERMITTED AND THESE CHANGES HAVE CODE VIOLATIONS WITH THE CITY/COUNTY. BUYER IS AWARE OF THIS AND WILL BE GIVEN CREDIT AT CLOSE OF ESCROW FOR BRINGING THE 2ND STRUCTURE UP TO CODE ONCE THEY OWN THE PROPERTY. WE WOULD LIKE TO ASK THEM TO SIGN SOME KIND OF A WAIVER SO FOR SOME REASON IF THEY RUN INTO ISSUES WITH THE ORIDINACE AND CAN NOT GET PERMITS OR IF THEY EVER WANT TO TURN THE STRUCTURE INTO A LIVING UNIT AND THEY CAN NOT, THEY WONT GO BACK AND SUE MY MOTHER. IS THERE SOME KIND OF A TEMPLATED FORM ON THE WEB THAT WE COULD BUY AND EDIT AND HAVE THEM SIGN FOR ADDITIONAL PROTECTION IN ADDITION TO DISCLOSURES PRESENTED TO THEM BY OUR RE AGENT.
1 ANSWER
I am not aware of any such forms or websites. I don't search the Web for sites to eliminate the need for my services.
No waiver can guaranty that the buyer will not sue you. A court is more likely to enforce a properly drafted waiver. Even if perfectly drafted, a buyer can still sue, and a court will still refuse to enforce it, if the court finds that the waiver was obtained by deception, fraud, duress, or bullying. If the waiver is both unfair, either inherently or in the way it is being applied in a particular situation, and was obtained unfairly, a court does not have to enforce it.
Waiver must be knowing. The best waivers involve "assumption of the risk." If I wrote it for you, I would start by listing the improvements which were constructed without permits, the consequences, the price reduction, a statement by the buyers that they know that correction might cost more, take longer, and reduce the value of the property by more, a waiver of claims known and unknown, and a waiver of the statute that says you can't waive a claim you don't know about. I would also include an integration clause in order to take advantage of the parole evidence rule.
Ready to hire an attorney to do this?
Dana Sack
510-286-2200
Answered on Apr 17th, 2015 at 1:59 PM