Trulia Voices Real Estate Q&A in 33629

Tim
Tim
Home Buyer
78703

Seller lies on disclosure?

What recourse do I have if I discover a seller lied on the seller's disclosure? I've been in the house I purchased for two weeks and have found a roof leak. The disclosure says that the entire roof was replaced in 2006, but roofers that I hired to repair it said certain parts of the roof are not new. Another issue is that they said the roof they replaced is under warranty, but the roofers they used are out of business now.

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Brian Russell
Brian Russell
Real Estate Pro
Tampa
Wed Aug 13 2008, 21:16

Tim,

I think everyone is giving you really sound advice. If I may expand on the answer, you may want to try Florida Legal Services, found usually in the very front of the phone book. It is a free legal service, and may be a great place to start asking the questions.

The service is typically run by local area attorneys, who are donating the service for community service hours. You will get a great start to finding a solution, and who knows, you may just encounter a great counselor in the process!

Brian Russell
"Uncompromising Excellence in Real Estate Service"
Keller Williams South Tampa http://Www.TampaHomeWiz.com
(813) 875-3700 ext 288

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Jeff Launiere,…
Jeff Launiere,…
Real Estate Pro
Tampa
Sat Jul 19 2008, 17:55

This is a legal issue that is best handled by a good lawyer. Usually they offer a free consultation and I would suggest you find a good one and show them the sellers disclosure along with the documentation from the roofers you hired.

Jeff Launiere, P.A., e-PRO
Keller Williams Realty
813-469-3163
Info@SweetHomeTampa.com

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Michel Bergier,…
Michel Bergier,…
Real Estate Pro
Sarasota
Sat Jul 19 2008, 17:26

call your attorney. There is enough information to warrant a bit more digging. Be careful before saying that the sellers are lying. They might just have said what they thought was a correct statement. may be the proplem is with the roofers who supposedly fixed the roof. Good luck on that one.

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Bill Eckler-Flo…
Bill Eckler-Flo…
Real Estate Pro
Sarasota
Sat Jul 19 2008, 16:38

This is troubling information anf something that needs to be brought to the attention of a real estate attorney. He/she will identify the best course of action.

Good luck,
The "Eckler Team"

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Options Realty -…
Options Realty -…
Real Estate Pro
11971
Sat Jul 19 2008, 16:20

Tim, you're asking a question that would benefit from the advice of a lawyer, and I am not one.
That said, as a real estate person, the difficulty with non-disclosure on the part of a seller involves sometimes difficult to obtain PROOF that they were aware of the problem. If the roofers that were hired are out of business, who's to know for certain that they didn't lie to the homeowner about having replaced the whole roof? With respect to a warranty, if you know who manufactured the shingles, perhaps you can contact them regarding any deficiency in the product (not installation).
It's a legal question that requires legal advice. If it was intentional non-disclosure, a lawyer will be able to offer possibilities for recourse, which is really the question. You deserve the right answer.

Web Reference: http://optionsrealty.com
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The Roatch's
The Roatch's
Buyer & Seller
18901
Sat Jul 19 2008, 16:17
FIRST ANSWER

Contact your sales agent and your home inspector right away, to advise them; and then start a paperwork trail....

I would leave "no shingle unturned" until I felt some relief; you will have to prove your theory of course, but, it is a worthy cause.....

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