Mary Leizinger

Blair: One last thing. There are a number of places in the real estate contract/paperwork where the existence of prior water problems may have been disclosed. Dig out your contract and find the 9 page addendum titled "Sellers Transfer Disclosure Statement". You will want to read through the entire document very carefully, but expecially any comments on p. 3 relating to the basement and the roof, where water problems typically start. In addition, you'll want to look at the "Purchase Agreement" p. 6 lines 210-228 where an additional representation is made by the seller as to water issues with the roof or basement. If the facts don't agree with the condition iof the property as the seller disclosed them, it is your burden to prove the seller committed fraud and that they were not truthful when making these representations. The seller's obligation is to make their disclosure "To the Best of their Knowledge". Rarely does a seller have perfect knowledge of all the possible defects there can be in a home. If the seller did make disclosure of the problems, even if only alluded to, you may be out of luck. Regardless of whether or not you read these documents before you signed them, it would be your responsibility to investigate those disclosures to ensure the property was satisfactory to you.

Best wishes and stay dry! - Sat Dec 20 2008, 11:24