Home Buying in 19146>Question Details

Travis, Home Buyer in Philadelphia, PA

My house has had serious issues that were not disclosed to me. IE mold and plumbing was not done to code. Can I rescind the purchase?

Asked by Travis, Philadelphia, PA Mon Oct 14, 2013

Literally all of this happened a little over 2 weeks after settlement

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Hi Travis, you can't rescind, but you can sue. Contact a real estate attorney and call if you need anything. Hope this helps.
1 vote Thank Flag Link Mon Oct 14, 2013
Travis,
I am sorry to hear about the issues you are having with your new home. That's a shame. Some items may not have been known, and a seller not abiding by codes, isn't necessarily a "violation" to the sale. If the seller knew of issues and didn't disclose though, you might have a case, if you can prove that.
Did you have a home inspection? I would think these items would have been discovered then.
Do you have the sellers disclosure?
This can be a complicated situation with many factors.
I would suggest the following:
1) contact the realtor who helped you purchase the home to see what guidance they can provide, and review your options depending on the situation.
2) contact a local real estate attorney who can review the details of the sale, and hopefully present your possible options.
I would make sure to document everything and take pictures for now.
Good luck.
1 vote Thank Flag Link Mon Oct 14, 2013
Yea I had a home inspection. Since then I've had an adjuster, 2 licensed plumbers and a foundations expert tell me he really dropped the ball. On the disclosures they said the basement never took on water. However, everyone that has seen the extent of the mold and now the problems with the foundation have said there is no way that they were not aware of the situation. I have talked to my realtor and am having the home inspector revisit the property. I have heard that I can get out of the deal within 60 days.To your knowledge is this true?
Flag Tue Oct 15, 2013
I am confused.....
.you say these items weren't "disclosed to you"...... but you also say this all "literally happened 2 weeks after settlement".............what happened after settlement?
You discovered these issues 2 weeks later.... or these issues just occurred then?
I will assume you mean you didn't discover these issues until 2 weeks after the closing.......

So, in any event.......this begs the question...

Didn't you have a home inspection???

Both problems should have been discovered then.........if your home inspector missed them - he or she is who you need to call.

If you bought a home without having it inspected, I'd have to ask why?

Unless you can show there was fraud / purposeful misrepresentation, I don't see what you can do at this point in regard to the sellers, but I'm not an attorney.

And, no, you can't (to the best of my knowledge) "rescind" a purchase 2 weeks after the closing.
By the way - have you moved in?

Best wishes.................
1 vote Thank Flag Link Mon Oct 14, 2013
If the seller "had no knowledge" it will be a tough case to make. However if seller "did have knowledge" of issues and/or tried to cover it up you definitely have a case. If you feel the seller had knowledge of the issues, your next step would be to consult a real estate attorney and present him with all the details so that you can be subrogated for your loss. Let me know if you have any other questions.

Mike Bottaro
Realtor
HomeStarr Realty
Office: 215-355-5565
Cell: 267-307-2444
Fax: 267-282-5666
Email: mbottaro@homestarrinc.com
"Before You Schedule to Show, Call Bo"
0 votes Thank Flag Link Tue Oct 22, 2013
Travis what does your agent say? and Eric is correct what you need to do is contact a REAL ESTATE Attorney if your agent is not able to help in so type resolution to the problem. Please call me in my office 215-725-5700 X49 It is best to try to work to a settlement because when you sell you will have to disclose this.

Philip J. Cunningham Sr.
V.I.P. Realty Corporation
7942 Bustleton Ave
Philadelphia, PA 19152
215-725-5700X49 cell 267-934-1971
philcunningham2004@yahoo.com
0 votes Thank Flag Link Tue Oct 15, 2013
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