Judith Sinnard, The SMARTePLAN Lady (SMARTePLANS; Houston, Texas)

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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

In North and South Carolina this will always be written up by an inspector because code requires these windows open for egress in the event of a fire.

We don't consider this a material fact for a disclosure statement, but most buyers will ask a seller to unstick the windows prior to closing. After that I remind my clients it's now "their look-out." It's definitely hard to keep them unstuck, but I remind clients with windows like this to regularly open/close them once they have been unstuck.

Apr 04, 2016 01:46 AM
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Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

The first couple of homes I purchased had this issue Judith. An appraiser would not likely search for them unless it was a government insured loan  but a home inspector would. A putty knife strategically tapped between the sash and frame should eradicate the problem. I would hate to find out the windows were painted shut while there's a fire going on in the house. any house! 

Apr 04, 2016 03:22 AM
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
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As the previous comments have stated, windows must be operational.

Apr 04, 2016 02:12 AM
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Interesting as this could be a problem. Lets face it though, smashing it and everything else to get out is all I know if there was a fire

Apr 04, 2016 03:20 AM
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Allie Angeloni
Long Realty - Oro Valley, AZ

Since you already know the windows are painted shut, and not stuck, you would have to disclose this, and yes, it's a fire hazard.  It would be good to be able to 'open' a window in a fire, as opposed to 'breaking' it.  If the Seller knows, and I'm thinking they do, they can either fix the problem or replace the windows themselves, or wait for the Home Inspector to write this up and then they will have to still resolve the issue - kind of a 'now' or 'later' situation Judith Sinnard

Apr 04, 2016 02:53 AM
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
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Judith,

I agree with Nina Hollander .  A

Apr 04, 2016 01:47 AM
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Scott Lawson
America's Home loans - Santa Rosa, Petaluma Mortgage Broker - Santa Rosa, CA
Mortgage Broker FHA, VA, refinance or purchase

Sure. Windows are a source of egress from a home in the event of a fire...Particularly if the window is in a bedroom...

 

A crowbar is known to cure the issue...

Apr 04, 2016 01:45 AM
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I have sold old homes and one of the life safety issues is that the windows have to open for fire escape. The appraisal may call for this to be repaired.

Apr 04, 2016 05:19 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
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No hazard as long as they are breakable, but those homes with bars on the windows likely are a hazard.

Apr 04, 2016 04:11 AM
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Sharon Altier, SFR
Lawton Realty Group, Inc. - Elmhurst, IL
Your Real Estate Partner

The first home I purchased an odd thing came up in the inspection.  ALL of the windows were permanently locked. The Seller, an engineer, sealed all the windows with locked/bolted/screwed in bracing, so there was no way to open any window!  I hadn't even noticed prior to the inspection.  They would not make any repairs, nor change it, until closing day.  Wife felt "safer" with house bolted down and husband thought it saved on utilities.

Apr 04, 2016 03:50 AM
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Women of Westchester Working Together
Women of Westchester Working Together - West Harrison, NY
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I would guess yes + lead paint issue.

Apr 04, 2016 03:43 AM
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Marco Giancola
Beachfront Realty - Miami Beach, FL
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They would not be a "fire hazard" themselves but they may become a hazard to the person trying to escape a fire through them.

Apr 04, 2016 03:03 AM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
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I hope you know the answers to these questions.  If the windows are painted shut ... and there is a fire in the home ... and one cannot get out ... is that a hazard.  Yes, I would say that it is. And, yes, material defects need to be disclosed.  

Apr 04, 2016 03:02 AM
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Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

If it is a rehab house sell it as is; if not disclose and have the seller aware of the problem that if the buyers are using FHA, VA or USDA it will be a problem.

Apr 04, 2016 02:56 AM
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Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

http://www.thisoldhouse.com/toh/video/0,,20053941,00.html If house is on fire, and window is only way out, I'd bust windows or jump through them. But, they should be in working order. Sometimes a mat / utility knife will cut through the seems and you can get them to open. I bet you can find some more ideas on " This Old House" 

Apr 04, 2016 02:53 AM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
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Seems like a safety issue to me

Apr 04, 2016 02:30 AM
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Holly Barnes
Allegiance Road Properties LLC - Shady Shores, TX
Realtor specializing in Res. Sales & Investments

Hi Judith, it seems like you have gotten lots of answers already but just to make it simple the Sellers Disclosure has a space in Section 2. that asked if the windows are operational and that is where the seller would put Y or N. If you as the agent have knowlege that they do not work based on them being painted shut and the seller puts N, meaning that they work then it is your job as a licensed agent to either at that time explain to the seller they must correct the disclosure or you cannot be their agent to protect yourself from hiding something that you now know as an agent.

It is then up to you to give them advice to either fix the stuck windows to get max pricing for the house as once disclosed it ould have an adverse affect on the price a buyer is willing to pay. Then they will either get it fixed or properly disclose. If they dont fix it and disclose, I would recommend having the seller have a budget set to give a credit to any buyer to satisfy the cost of having that done so the new buyers could see that the option to correct it would be at closing in the funds credited and if the new buyer does not utilize the funds for that after they close on the house then it is then their fault for not doing so, and no guilt should be felt at that point becuase you did you job to it fullest.

Hope this helped and it is a great questions.

Apr 05, 2017 11:18 AM
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Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I would definitely ask the homeowner to have these fixed, as my inspector would call them out as a hazard.

Apr 05, 2016 11:27 PM
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Chrissi Chapman Topoleski
Coldwell Banker Realty - Woodbridge, VA
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My home inspector discloses this on a home inspection report. As a Buyer I would definitely want to address the problem after moving in for the very reason you mention. I have never had a Buyer ask the Seller to "unstick".

Apr 04, 2016 10:54 PM
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TeamCHI - Complete Home Inspections, Inc.
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 They are a safety hazard as windows are a primary means of egress in the event of an emergency.

Apr 04, 2016 07:36 PM
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Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
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Good morning Judith. Dangerous situation, windows must work, if the don't that would be a contingency.

Apr 04, 2016 05:59 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
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I make sure when I list the windows open.

Apr 04, 2016 12:50 PM
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Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 

     Make them operational.  The only exception I can think of is to offer the home as a fixer-upper, so that the Buyer can get a rehab loan.  Or, hope for an as-is cash offer.

Apr 04, 2016 11:20 AM
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Susan Laxson CRS
Palm Properties - La Quinta, CA
Local Knowledge & Global Network

Windows must be operational and painted shut shouldn't pass inspection.

Apr 04, 2016 10:21 AM
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Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I was say for sure they are.

Apr 04, 2016 09:20 AM
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Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Yep, need those to work in case of fire for emergency exits. Seller needs to repair those. If you see it, tell the seller they are in for a nice write up on the inspection.

Apr 04, 2016 08:57 AM
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If you can't break out the glass, I'd say so.

Apr 04, 2016 08:44 AM
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Fire hazardn NO, Death hazard..YES YES YES!!!!!!!!!!!!!!1

Apr 04, 2016 08:00 AM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

If there is a fire then yes.

Apr 04, 2016 07:56 AM
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Melissa Jackson
Century 21 Alliance Properties - Azle, TX
Helping You Make The Right Move

I believe it's an issue.  Maybe getting them open is the best option. I would list on sellers disclosure.

Apr 04, 2016 07:25 AM
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Richard Weeks
Dallas, TX
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Yes indeed.

Apr 04, 2016 06:52 AM
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Judith Sinnard Disclosure is required for an adverse material fact. Something that negatively affects the value of the property. I don't think painted windows will adversely affect the value of the property. Is this a fire hazard? Yes, if you cannot get out in the event of a fire. This is an easy fix. It will require some labor cutting through the paint with a utility knife.

Apr 04, 2016 06:20 AM
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Definitely an inspection issue.  Not sure if it would be considered a fire hazard or not.

Apr 04, 2016 04:11 AM
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Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Bristow, VA

I would think so .  New windows are in order.

Apr 04, 2016 04:09 AM