Home Buying in Spooner>Question Details

Ljr, Home Buyer in Spooner, WI

If there are issues that are undisclosed like a defective roof, abandoned well and i didn't get an inspection, who is responsible?

Asked by Ljr, Spooner, WI Fri Mar 4, 2011

We moved in a year ago. Prior to purchasing there was an informal agreement to fix the defective roof. The sellers fixed $200 worth, which was not sufficient, but was done 3 days after closing. Later we found the roof to leak on the opposite side of "fix", an abandoned well on the property, the sellers left a truck and a trailer full of junk in the house, and the basement and den walls let in water which then leaves us with a wet floor. In the Purchase Agreement, they said they were not aware of any defects. We have a roofer who said they for sure knew about this for a few years, and a well driller that gave them papers telling them they needed to properly fill and seal the well. We had a buying agent, chose not to get an inspection... we would like to take legal action- who is responsible, and do we have a solid case?

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Answers

6
I'm sorry that your agent did not recommend more strongly a home inspection. You need tor contact an attorney and go from there.
0 votes Thank Flag Link Mon May 16, 2011
It all comes down to proving that the seller knew or should have known about the defects. Sounds like the plumber has evidence that the sellers knew of the well, but the roofer is just giving his opinion. He doesn't have direct evidence like he talked to the sellers prior to you buying the house.

The truck and junk is moot since you closed and accepted those items.
0 votes Thank Flag Link Fri Mar 4, 2011
As always call a "Real Estate" Attorney. Of course there are always two side to every story but looking at you question it would seam that you and the seller knew about the defective in the roof if you were having them fix it after closing. Your buyers agent should have put this in writing and escrow for the work to be done correctly. Informal agreements are not a good idea. There is always a "what if" that needs to be thought of that should have been covered in a contract. Also if there if there is a lot of junk on the property i will write it in the offer that all junk be removed before closing or the seller will pay for the removal. This could also be charge to the seller at closing. Once you close the junk could be yours to get ride of. If my buyers reject a well & septic, home inspection I will make them sign a form that I suggested they get the inspections and they elected not to. Proving that a seller was AWARE of a defect can be difficult. Home inspections can be the best money you've ever spent. You can bet when you sell the buyer will get one and then you get to fix the previous owners defects.
0 votes Thank Flag Link Fri Mar 4, 2011
let this be a lesson to all those buyers who don't want to pay for inspections.... They are worth every penny!
As for your situation, see a good real estate attorney. Only he will be able to answer your questions.
0 votes Thank Flag Link Fri Mar 4, 2011
You need to seek out a Real Estate Attorney. If there was knowledge of these items by the owner and the decided to not disclose them and play dumb, then there are repercussions. Here is the problem, it is not a Realtor or any other Licensed agent to discover these defects, our job is only to disclose what the owner tells us they know. the Seller in this case may have been very aware of the defects and decided to play coy, but that is the reason most contracts give you time for right to inspect, you need to find these problems up front and deal with them before time to close. Now you have let time go by, you need to have these professionals document the damages and defects, they must give their professional opinion as to how long these problems have existed, hopefully a Judge will decide in your favor. But you need a Real Estate Attorney and you need legal advice before you go any further!
0 votes Thank Flag Link Fri Mar 4, 2011
Hello,
Sorry to hear of the problems you are experiencing with your home. Your situation goes to show you the value of an inspection prior to purchasing. I suggest that you contact a local real estate attorney as this a legal matter and an attorney can advise you best.
Good luck to you!

Laura Feghali
Prudential Connecticut Realty
0 votes Thank Flag Link Fri Mar 4, 2011
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