Carpeting - It’s Time to Add It as a Disclosure Topic to the AAR Seller Property Disclosure Statement

My open letter to the Arizona Association of Realtors regarding the addition of carpeting and other flooring issues.  I believe it’s time

Dear Arizona Association of Realtors,

I am writing to request that AAR incorporate a modification to its existing Seller Property Disclosure Statement (SPDS) to incorporate the issue of flooring in a property.   

Specifically, I believe it is time for AAR to consider adding disclosure information with regard to the condition of carpeting and other flooring in order to reflect several issues which could represent a significant health and/or financial exposure and burden to prospective buyers if not disclosed.

Sellers are either not considering or choosing not to disclose that they should known issues with regard to carpeting and other flooring in their homes.  In particular, Sellers are not disclosing the true condition of any permanent damage to carpeting due to extensive pet urine and similar staining.  As a result, Sellers may be exposing Buyers to financial loss and potential health-related issues through the failure to address and disclose issues with respect to carpeting and other flooring. 

Though Some Carpets Hide Stains Well, Sellers Certainly Witness Damage to Carpeting

Many carpets are very effective in that they do not show the presence of these pet urine.  Indeed, in some carpets it is very difficult to see any topical discoloration that may exist.    However, though they can’t be seen visually, the pet urine is still locked inside the fibers of the carpet, the carpeting underside, and often in the carpet pad.  Extensive pet stains work to destroy a carpet and create potential health hazards and an unforeseen financial burden for buyers.

Though Sellers can argue that they could not see any staining in the carpet, Sellers must occasionally witness their pets having ‘accidents’ on carpet and so should be required to address the extent of any of this behavior on the Seller Property Disclosure Statement.  In addition, it is likely that a Seller may be aware of an odor emanating from the flooring and as such, should disclose this to a prospective buyer.

Stained Carpet Represents a Health Hazard

Extensive pet stains and dander can create odors and fumes that can affect the respiratory systems of people suffering from asthma and other respiratory ailments.  Indeed, the U.S. Environmental Protection Agency classifies pet urine as a ‘trigger’ for asthma-related symptoms to develop.  According to the EPA:

“Your pet’s dead skin flakes, urine, feces, saliva and hair can trigger asthma. Dogs, cats, rodents (including hamsters and guinea pigs) and other mammals can trigger asthma in individuals with an allergic reaction to animal dander. Proteins in the dander, urine or saliva of warm-blooded animals (e.g., cats, dogs, mice, rats, gerbils, birds, etc.) have been reported to sensitize individuals and cause allergic reactions or trigger asthma episodes in individuals sensitive to animal allergens.” 

This risk would be particularly applicable to small children and infants who are more likely to be exposed directly to hidden pet stains in carpeting both through direct touch and smell.  As such, these elements could lead to unforeseen health issues caused by something that a buyer previously has no awareness of or cause of concern for unless they can perceive an odor. 

An additional note here.  Currently, the Seller Property Disclosure Statement does call out the presence of ‘pests’ including scorpions, rodents, and even lizards. 

Given that the presence of these pests represents a potential health issue to a prospective buyer for a given property, is the presence of deeply stained carpeting that could present and provoke longer-term respiratory issues for homeowners any less worthy of disclosure? 

Stained Carpet Represents an Unforseen Expense That Would Affect Consideration by the Buyer

If a Buyer was told that the Seller has pets and that those pets may have stained the carpet to a significant degree, then the Buyer’s consideration for the property would surely be affected.  Buyers certainly do pay attention to the visible appearance of carpet when viewing a home and Realtors will often call out any obvious staining or other issues with regard to the carpet.  However, if substantial staining resides below the topical carpeting layer (which the Buyer cannot see), then the onus is on the Seller to disclose the presence of such known issues in the property disclosure statement.   

Because this issue is not addressed currently, Buyers are unknowingly taking on an additional financial burden for purchasing a property.  Depending on the size of the property and extent of carpeted areas, new carpeting can cost from $3,500 to $7,000 to replace. 

By not disclosing the true condition of the carpet, the Seller has in effect gotten all the physical benefits of the carpet and passed on an asset whose useful and healthful life is in question.

Require Sellers to Disclose That They Have Pets and That Carpets May Be Heavily Stained

My emphatic recommendation is that AAR make a revision to the Seller Property Disclosure Statement to incorporate language that asks the following questions:

1. Does the Seller have pets on the premises and if so, what kind of pets and how many.
   1.   Are the pets indoor only, outdoor only, or both.
2. Is the Seller aware of any significant pet urination, or other pet-related stains and dander that don’t show on the surface of the carpet as a result of having pets.
3. Is the Seller aware of any potential issues with the carpeting that may affect consideration by the Buyer for the property?   

It’s Time the Seller Property Disclosure Statement Addresses an Issue That Has Both a Serious Potential Health-related and Financial Impact to Buyers

It is time for the Arizona Association of Realtors to take leadership in incorporating the issue of flooring into the Seller Property Disclosure Statement.  This is an issue that presents both health-related and financial risks to buyers in the market as mentioned above and is not addressed either through specific legal language of the Arizona Revised Statutes, Commissioner’s Standards, or any AAR disclosure documentation.

As Realtors, we are all too familiar with the impacts of pets and related staining in homes.  Beacause of that familiarity, it’s time that AAR modify its disclosure forms to address this situation and ensure the disclosure of this related risk to home buyers.   

Best Regards,

David Lorti, Thompson’s Realty

If you feel the same way, please pass this on.  I believe this has broader application to other markets outside of the Phoenix area for the obvious reasons.

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Tagged as: aar, arizona association of realtors, pet urine in carpeting, Seller Property Disclosure Statement