Disclosures question

Lj
Home Buyer
Orange County, CA

I purchased a home a few months ago and recently discovered that 2 rooms which are an addition to the house do not have heat. There are vents in each room but not heat comes out. No mention of this was made in the disclosure report or in the inspection report (the inspector checked to see if the furnace worked - he did not check to see if heat came out of the vents in every room.) Our home warranty sent out a repairman who indicated the furnace is too small to force heat to those 2 rooms even though there are vents in there. Since this is an addition he claims they probably never received heat once they were completed, stating a larger furnace is needed for the size of the house in order to heat those rooms, which will cost over $2500. The home warranty co, will not pay for this becasue it is a pre-existing condition. These rooms were added back in the 1980's. The sellers lived in the house so they had to be aware of this problem but did not disclose it. What recourse do I have?

Answers (7)
Sarah Solomon
Agent
Denver, CO

LJ- Call an attorney-

Thanks,
Sarah

Mon Jun 22 2009, 15:17
Cindy
Home Buyer
Cuyahoga Falls, OH

you can definitely go back on the previous owner for this. your realtor can tell you how to go about it.

Sun Jun 21 2009, 00:57
Leslie Heldenbr...
Broker
Denver, CO

Lj,

I would think that your agent should have double checked with the seller's agent regarding this addition. To legally include the square footage of the addition into the stated above ground square footage, the addition must have heat. It should have been something that was quesitoned by your agent and your inspector. Anytime you have an addition on a home, I would ask a lot of questions (you never know who put the addition on, was a permit pulled, did they hire a contractor or do it themselves). I honestly think you may end up spending more money talking to a lawyer than just putting in a new furnance.

Best of luck!

Leslie Heldenbrand
720-283-5978
Leslie@LeslieHeldenbrand.com

Wed Jan 7 2009, 10:31
Susan Gorman
Agent
Dingmans Ferry, PA

I would contact a Lawyer in the area and see what his opinion is.

Wed Jan 7 2009, 04:37
Brian Burke - K...
Broker
Greenwood Village, CO

This is a Question You should ask of an attorney. Contact you agent an see if they can recommend any. http://www.denverrealestatesoup.com

Wed Jan 7 2009, 04:26
Jeremy Lehman
Agent
Orange County, CA

You should seek the advice of an attorney. You should also contact your agent and double check your documents. Obviously, this should have been disclosed by the owner if it was a known issue. Even though the owner may have lived in the home for a long period of time, it can be tough to prove they knew about this issue. As far as the home inspection report goes, that was provided by you for your benefit. Some home inspections are more thorough than others, and it is important to choose an inspector that checks everything, including water pressure, electrical outlets, and air/furnace pressure.

I hope this works out for you. Good luck.

Jeremy Lehman
Century 21 Beachside
Jeremy@Lehmanhomes.net

Tue Jan 6 2009, 23:05
Lynn911.com Dal...
Agent
Dallas, TX
FIRST ANSWER

Speak with your buyers agent determine what they state. I am undetermined if there is a liablity issue with inspector and seller, recommend speak with real estate attorney. It may cost more to sue than have repaired. I would have anticipated inspector should have noted this.

You can file formal concerns with state with inspector, who does have e & o insurance.

Sorry to hear this.

Web Reference: http://www.lynn911.com
Tue Jan 6 2009, 22:16

Didn’t find what you were looking for? Ask a question!

More Q&A about Home Buying in Westminster

View all »
I am approved for only an fha loan...
Answered Thu May 21 2009, 20:59 by Kathryn Macgeraghty in Westminster
Read all 2 answers
could this be up for sale?????
Answered Mon Sep 29 2008, 16:18 by Alan Strange in Westminster
Read the answer
Search Advice & Opinions

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 14
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback