jsginak, Home Owner in Ridgefield, CT

Can you sue a realtor that did not disclose that the home you bought was once a Meth Lab?

Asked by jsginak, Ridgefield, CT Sat Jan 19, 2013

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4
The property condition report is filled out and signed by the owner NOT agent. Unless there had been reports and arrests that would make this common knowledge how would the agent know. Would the fact that the house was a "crime scene" be a material fact which must be disclosed or would that fall into the category of protected information which the listing agent can not disclose by law?

As a buyer, I hope you have a buyer's agent. But you still should do your own due diligence. If this is a question that is important, call the police department. There will be someone who will know the answer.

Best,
Jay Cooke
1 vote Thank Flag Link Sat Jan 19, 2013
Yes the Realtor was very aware and the whole community knows. There are no police where I live. I live in remote Alaska in a very small community. Due Diligence? There were no bust here, it is just know by everyone in the community, plus the agent knew when he bought the place. I guess I will have to get a test done to really know, I am wanting to sell, but understand the burden is on me???? The Realtor's I have contacted will not list it until I know. This could turn into a reall loss or me? Call me down right stupid and he saw me coming, down the road, He knew I could not do anything about it. So sad, I really do love the home. It is my first home ever and what I have always wanted. I have spent everything I have getting it. I am stuck and let's hope it is not contaminated and I am not sick. I can not afford to go somewhere else. :o((
Flag Sat Jan 19, 2013
Thank you or your response. I have been researching this situation for te past few days. The gent owned the home. I made a very large down payment and the rest is through an Escrow account in a bank in Alaska. He has since cashed out at a cash out company. I have talk to the company that is now carrying my note. I ask the gentleman if the agent tol him about the Meth Lab? His response was no, he did not. I just left it at that and since I have talked to this man, I have made the decision to put it back on the market. I have contacted other Realtors. I have been informed that I have to get a toxic test on the property before they will list it. I am sure tis will be a very spendy thing for me. The Realtors knew who sold me the property right of the bat. I did not mention his names. Once moving into the home and the first time I went into town, it was told to me that it was a met House, Drug House, The House from Hell!. If I mention where I live, it always comes up. :o(( The Agent, knew about it all and talked to me about it after I moved in. He has really played it own an it has taken me awhile to understand the real problem about buying a place tat had Meth in it. What I have read is that he really did not have to mention it and laws have not been passed yet to protect the buyers. I should have a test done on it before I bought it? I have read many stories in the last few days of many people going through what I am and they have had to spend $1,000 o dollars and have even lost their homes. I am still looking into it and trying to find out what the laws are in the State of Alaska. I have to call the Health Dept in my area is what I have found out. It is such a new situation that it really has become a real problem in the last few years. .I tried to contact the agent, but he will not talk to me at all. What everyone tells me is that he is a real snake in the grass and has done folks wrong for quite sometime. This is a very worry for me and time will tell????? Thanks, guys :o))
0 votes Thank Flag Link Mon Jan 21, 2013
The real estate licensee or Realtor® is obligated to disclose "material facts" about which they have knowledge which impact the property in question. And Jay's point is also paramount...the Seller is the one obligated to fill out the property disclosure form, not the real estate licensee. If the Seller knew, but did not disclose, they would have some liability. Now, if the Seller's real estate agent KNEW about its previous status as a meth lab, he would be responsible to disclose that information as well. If the Seller's agent SUSPECTED, but did not KNOW, he would be obligated to remind the Seller of their responsibility to disclose. But the agent can only disclose what he has direct factual knowledge of. And it would be difficult to lay on liablility on a seller's agent unless you can prove that they had direct independent knowledge of the problem. If the Seller's agent KNEW and the Seller refused to disclose, the Seller's agent would have an obligation to terminate the listing. If you were personally represented by a Buyer's Agent in the transaction, again your agent would be obligated to disclose what they had actual factual knowledge of, and agan the burden would most likey be upon you to prove that they had such knowledge. Can you sue? Anybody can sue. Can you win? That's another question, probably for an attorney...
0 votes Thank Flag Link Sun Jan 20, 2013
Did they know that the house was once used as a Meth Lab?
0 votes Thank Flag Link Sat Jan 19, 2013
I am in Southeast Alaska not, CT
Flag Sat Jan 19, 2013
Yes, they did and once I move to the community & in the property everyone here knew. My Home is know as the Meth Lab, House from Hell and the Drug House. :o(( I don't even go out any longer because of it. I have gotten sick with sores all over me and my dog has things on him, too
Flag Sat Jan 19, 2013
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