Home Buying in 19380>Question Details

Lc42, Home Buyer in 19380

Sellers lied on disclosure form about leaks and squirrel problem.

Asked by Lc42, 19380 Fri Dec 23, 2011

We moved into our house recently and both bathrooms are leaking...when we removed the access panel behind the tub, we found a towel wrapped around the pipe wedged between the tub. We also have a terrible squirrel problem and the owners put a noise machine in the attic and put up pieces of newly painted shingles to cover all of the squirrel holes! Of course the sellers said they did not have a problem with leaks or pests. Can we do anything about this?

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Answers

15
Very sorry to hear this happened to you Lc42. All of the below responses are accurate Lc42. Unless these issues just occured, more than likely the owner knew about them and will most likely be responsible. Either you or your representative should contact the listing agent and or former owner, and request they fix or compensate you for these issues. If they refuse best to consult a knowledgeable Real Estate attorney. I have several I can recommend to you. If the amount is not large enough there is always small claims court in West Chester.

Best of luck,


Rob Hughes: Long & Foster Real Estate Inc.
(Associate Broker) (AB065650)
(Hughes Associates) (Realtor since 1987)

Office: 610-225-7400 x7438

Cell# 484-410-9765 (Preferred)

http://WWW.DELVALREALESTATE.COM

http://WWW.ERICMAYMORTGAGE.COM
1 vote Thank Flag Link Fri Dec 23, 2011
The sellers disclosure is one of the only documents that survives post settlement. For example the MLS sheet unless included into the agreement of sale is not something you can bring up in a law suit. My suggestion would be to ask your agent to contact the sellers through the listing agent and mention these problems and the hope that you can have them fixed. If you don't get anywhere with this then, a next step is to hire a local real estate attorney. We can supply you with the name of a good local attorney if you need it. Hopefully it does not get that far.
0 votes Thank Flag Link Mon Dec 26, 2011
Lc42, Home Inspectors also have insurance for these situations. However, most inspectors have a Huge boilerplate template in their reports that cover their rear ends all over the place. As I mentioned before go to the sources first and try and work out an acceptable solution. If no one cooperates, former owner, inspector or any agents or other representatives involved, then contact a Real Estate Attorney familiar with these matters. Not all attorneys including Real Estate attorneys are experts. Make sure you ask these kinds of questions first before you hiring anyone to represent you.

I really hope it works out for you.

Rob Hughes: Long & Foster Real Estate Inc.
(Associate Broker) (AB065650)
(Hughes Associates) (Realtor since 1987)

Office: 610-225-7400 x7438

Cell# 484-410-9765 (Preferred)
http://WWW.DELVALREALESTATE.COM
http://WWW.ERICMAYMORTGAGE.COM
0 votes Thank Flag Link Sun Dec 25, 2011
Consider this: the seller could have done the towel "fix" a long while ago and simply forgot it. Still a shoddy way of doing things, but some people are like that. And they may have thought that they fixed the squirrels with the new shingles. If they HAD a problem once but do not any longer, then it does not need to be disclosed.

Or they may have been trying to rip you off. It is never easy to prove this to a judge, even when it is patently obvious to you. Your lawyer will tell you your chances of getting compensation. He may elect to go after the inspector or even the agent, not because it is their fault but because they are still local and may have deeper pockets.
0 votes Thank Flag Link Sun Dec 25, 2011
Did you do a home inspection? You should have found out the problems before you close.
You can still talk to your attorney and see if they can get you compensated.
Good Luck!
0 votes Thank Flag Link Sun Dec 25, 2011
Lawyer time! Take photos of everything right away. And immediately get a good real estate attorney. You may wel be able to go after not only the buyer but also the inspector. In my opinion, he should have certainly have looked inside every access panel. Make sure you bring ALL applicable documentation to the lawyer - sellers disclosure, inspection report, scope of work for the inspection as to what is and is not included.

The lawyer will figure out best where the deepest and low-hanging fruit is. I'm guessing that he'll probably wish to target things so that one or both insurance companies on the other side go for a standard settlement. Chances are that some of your new neighbors know about some of this stuff but you shouldn't talk to them about this until after you have consulted with an attorney about exactly the correct course of action.
0 votes Thank Flag Link Sun Dec 25, 2011
Forgot to mention, of course we had a home inspector!
0 votes Thank Flag Link Sun Dec 25, 2011
You had the option to have a home inspection, correct? If you did have one, it should have turned up these issues (maybe not the leak), so I would review that report & then call your agent/inspector. If you waived it then, you had the option to have one & decided it was not worth it for some reason. Lesson learned. ALWAYs have a home inspection.
Should the seller disclose everything they are aware of. Absolutely. The question becomes, were they aware?
It may be time to consult an attorney. What is your agent saying?
The Marie Souza Team - Top Selling on Cape Cod
Cape Cod Real Estate Services
Phone: 508-790-2000
info@mariesouzateam.com
http://www.MarieSouzaTeam.com
0 votes Thank Flag Link Sat Dec 24, 2011
Lc42,
Did you have a home inspection done buy a licensed home inspector? This is usually money well spent. You need legal advice from an attorney. We can't give legal advice. Contact the attorney you used to buy the home to discuss your options. Or contact any real estate attorney if you did not use one to buy this home.

All the best,
Gary Geer

http://www.GaryGeer.com
0 votes Thank Flag Link Sat Dec 24, 2011
My 88 year old Great Grand Mother's world exists between the TV and front door. Her only crossing of the threshold is the weekly adventure to church where everyone celebrates her arrival. There could be a very rare colony of Siberian circus performer residing in the back yard and she would not know. The the best of her knowledge, the GE refrigerator with the walnut vertical handle is NEW! Everything works...for her. What exactly would you expect Grand Mother's disclosure to read? Anyone entering this home would see everything was brand new....in 1963!

The flagrant and clearly observable problems you describe are the PRIMARY RESPONSIBILITY AND OBLIGATION of a home inspector to discover and reveal to those who contracted the service. You apparently chose to save a few hundred dollars, signed a waiver of the right to inspect, and now wish to hold another accountable for a bad decision made by you. You need to put a bump on the head of who ever is providing you such poor guidance and leave "Great Grand Mother" alone.

Of course, there's always more to the real story.
Web Reference: http://www.MyDunedin.com
0 votes Thank Flag Link Sat Dec 24, 2011
Contact a Real Estate Attorney
0 votes Thank Flag Link Fri Dec 23, 2011
You should contact a real estate attorney. Our contracts here are basically "AS IS", that means that you need to get a home inspectector to protect yourself prior to purchasing your home. If the seller knew about the problems and hid them you may have a good case. Especially if they covered it up so well even your home inspector never detected it.
0 votes Thank Flag Link Fri Dec 23, 2011
Consult with an attorney who specializes in real estate as to any legal options you may have...
0 votes Thank Flag Link Fri Dec 23, 2011
If you can document the leaking, you probably have a case of fraud against the seller. I don't know if "squirrels" are a disclosure issue in your area or not.

You'd probably be wise to consult a real estate attorney.
0 votes Thank Flag Link Fri Dec 23, 2011
Alan May, Real Estate Pro in Evanston, IL
MVP'08
Contact
You need to consult with an attorney. If the sellers lied on their disclosures you may be able to hold them responsible for at least some of the cost of the repairs. An attorney will know exactly what can and cannot be done.
0 votes Thank Flag Link Fri Dec 23, 2011
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