Home Buying in York>Question Details

bill williams, Home Buyer in York Haven, PA

Are disclosure statements required?

Asked by bill williams, York Haven, PA Wed Dec 5, 2007

I recently bought a home from a realty company that bought the home from the owner. They nevery settled with the owner, but sold to me. I did not receive a disclosure statement, and even sign a blank form that said waiver of disclosure statement. After I moved in I discovered the roof has a major leak, and the heating system does not work. Do I have any recourse to get the repairs done by the seller?

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Hi Ben - Sounds like an ouch there - Let me kask you - Did you get representation from the Brokerage you bought the home from? Buyer Agency? Something like that?
Take a look through your closing papers and check out what you have. If you do not have any representation with the Broker / Realtor that helped YOU with the transaction THEN Contact a real estate Attorney like Stone, La Favor & Shetletski here in New Cumberland: 717-774-5230, ask for David Stone and see if you can get some assistance with the leagal side at that point...Hope that helps!
0 votes Thank Flag Link Fri Apr 11, 2008
I would tell you this...seek an attorney. You may, or you may not, have any legal recourse. You will have to prove that you were tricked, and not coerced, into signing any waivers. If you went into this with open eyes, you may not have amy recourse it the home was sold in as-is condition.
0 votes Thank Flag Link Mon Apr 7, 2008
Ben,
You need the advise of a real estate attorney, he/she will review all your signed documents and all that is pertaining to the transaction. I would love to help you more but in this case you really need legal advise not an opinion. Good luck and I hope that everything will work out .
0 votes Thank Flag Link Sun Apr 6, 2008
This is a problem I have seen a lot of lately with all of the home flipping going on.
1st, I always recommend a BUYERS AGENT, incase you did not have one. Maybe someone else will read this and know the importance. Like Bill said, every home needs a seller's disclosure. The problem is, if it was a flipped property, the owner can say theu have no idea. Be cautious! Get a home inspection!! If you waived it, you are stuck probably. Call Bill and get that attorney info!
0 votes Thank Flag Link Sun Apr 6, 2008
If you have your contract and it is a PAR Contract there will be a clause on one of tha pages with an 800 number to call and get your FREE legal advice form the local Real Estate Commission.
If you cannot get that info then google your local Real Estate Commission and call them.
They will have a Lawyer who is also a Real Estate Broker/Agent that will be able to guide you through your legal questions...
Hope that helps!
0 votes Thank Flag Link Thu Jan 24, 2008
Ben,

All properties sold in the state of PA require a seller's disclosure, period. If you would like to email or call me I can put you in contact with a good real estate attorney.
0 votes Thank Flag Link Tue Jan 15, 2008
how do you have title to the house if the realty company never bought it from the seller? You signed "a waiver of disclosure"? If that's the case, I don't think you have much recourse.
0 votes Thank Flag Link Mon Jan 14, 2008
Hi Ben, sorry to hear of your problem.
Did you elect for a home inspection? Was your buyers agent from this company as well?
krista
0 votes Thank Flag Link Mon Jan 14, 2008
This is definitely a question for a real estate lawyer. We as realtors don't have enough information. Why would a realty company buy a property and then sell it to you before they settled on it themselves? It wasn't theirs to sell. They wouldn't have a disclosure because they never lived in the home. Was the property listed on the MLS or did you discover it through word of mouth? Were you represented by a buyers agent? Didn't they suggest that you do inspections?
0 votes Thank Flag Link Wed Dec 5, 2007
Did you inspect the property?, Read your agreement and waivers. Also seek an attorney's help.
0 votes Thank Flag Link Wed Dec 5, 2007
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