Ask Phyllis: a blog series of frequently asked real estate questions.

Who’s Responsible for reviewing the 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. 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 said their real estate agent stayed largely uninvolved throughout, leaving most of the work to a coordinator. After they moved in, they felt exhausted and looked forward to using the jacuzzi, only to discover it didn’t work. When they reached out to the seller’s agent for help, the agent sent them a copy of the Disclosure, which stated that the heater wasn’t functioning.

This was the first time they heard about it. Considering the price they paid, it’s surprising—and frankly disappointing—that the jacuzzi didn’t work and that no one clearly addressed this before closing. They admit they didn’t review the disclosures as carefully as they should have, likely because they completed everything quickly on their mobile devices. Still, I believe their agent failed to highlight this issue during the transaction and should bear some responsibility.

Who’s responsible for reviewing seller disclosures?

Disappointed Mom

Dear Mom,

Thank you for sharing how your daughter and son-in-law experienced the situation. I’m sorry their experience disappointed them.

I suggest they read the home inspection report to confirm whether the inspector evaluated the jacuzzi. As you mentioned, the seller disclosed that the heater wasn’t working. So the seller addressed the issue, but the agent may not have communicated it clearly.

Personally, I give my clients PDF copies of all key disclosures and documents before anything goes through DocuSign. I also don’t use a transaction coordinator. That allows me to review inspections and seller disclosures directly with my clients.

It seems that their agent didn’t stay as involved as they should have. Even though both the agent and your daughter signed the disclosure, they may have overlooked important details in the rush of mobile signing. Still, the agent should have caught and flagged something as major as a broken jacuzzi heater.

I recommend your daughter contact her agent—and their manager—to share her concerns. Depending on their response, they might offer to help cover the cost of repairs or replacement. It’s definitely worth bringing up.