Home Buying in San Antonio>Question Details

Allison Smith, Home Buyer in San Antonio Road, Au...

House flooded after inspection while we were under contract and NO ONE told us!

Asked by Allison Smith, San Antonio Road, Austin, TX Sun Apr 7, 2013

So we bought a house about a week ago. We met the new neighbors today and they asked if they had fixed everything from the flooding. We were clueless. No on ever contacted us telling us that the house had flooded. Apparently someone (either contractor or inspector) left water running upstairs and no one found out for 5 days! The realtor/seller (the same person) blamed the inspector. He said it wasn't him. The seller ended up paying for repairs. But I am absolutely FURIOUS that no one told us before we closed on the house. This all happened after the inspection and we had already gotten a disclosure letter a week before. Now I am worried that there is mold in the walls (we have a 2 year old) or that try just did a quick fix and we are going to have problems because of it. I want to get it re-inspected but I don't feel we should have to pay since it was not disclosed to us at all. This doesn't seem legal. Was the seller required by law to tell us? What action should I take?

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Answers

7
Christine Henderson’s answer
How does the neighbor know exactly what was done? Were they there doing the inspection or the work? Some folks have a way of exaggerating. Ask for a copy of the bill for the repairs and talk to the person who did them that will give you a better idea of what was really done or not done.

At this point if you are concerned, as you seem to imply, you should consult a real estate attorney (not a general practice lawyer) to verify what your rights are.

In regards to any mold issues don’t guess at it. Hire an inspector to protect your interests to verify condition and pay for the same.
0 votes Thank Flag Link Mon Apr 8, 2013
Yes we were represented by a licensed realtor. I don't know if the seller lied to him or if our realtor lied to us. Starting to think he was the one thy lied to us though
0 votes Thank Flag Link Sun Apr 7, 2013
Sorry to know that, but, were you represented by a licensed Realtor? If you were not then you have to consult a Real Estate Attorney.
Good Luck.
Sincerely,
Jose L. Novelo
0 votes Thank Flag Link Sun Apr 7, 2013
The owner should have disclosed that flooding issue. Since he is also Realtor he is twice as responsible to make sure you are notified of any issue that could have a negative impact on the value of that property. I highly recommend that you speak with an attourney about this issue. There are serious reprocussions when not devulging material facts that could adversely effect the home.
0 votes Thank Flag Link Sun Apr 7, 2013
We did a final walk through but everything seemed ok. Like I said, we didn't have a clue. The whole downstairs ceiling caved in from what the neighbors told us. They fixed it. I'm just very unsettled feeling about this whole thing. Somebody lied to us and it really upsets me. This is out first home and now I don't even feel comfortable there.
0 votes Thank Flag Link Sun Apr 7, 2013
Hi Allison,

Wow, sorry to hear of your story! It's because of situations like yours that most agents recommend a final walk through before closing escrow on a property. I would suggest that you seek the advice of a real estate attorney immediately to find out what your remedies are at this point. A re-inspection is probably a good idea regardless of who is paying for it, just for your peace of mind. The seller had an obligation to deliver the property to you in the condition it was when you initially put your offer on it.

Best of luck,

Barbara Grandolfo
0 votes Thank Flag Link Sun Apr 7, 2013
This is a great question for your lawyer and no Realtor can really / should address it as this gets into the practice of law. This is why a final walk-through prior to closing is important.
0 votes Thank Flag Link Sun Apr 7, 2013
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