Seller disclosed previous flooding, but said problem was fixed - Not. Seller will buy back, but not pay extra

Asked by Seti, 75460 Sun May 10, 2009

I bought a house in Texas. The owner/real estate agent disclosed previous flooding (10 years ago when owned by someone else), but assured me that the house had not flooded since because of work he and the city had done afterwards. The house has flooded several times after I closed and front door has seepage every time it rains. Agent said he removed retaining wall as it was no longer needed when I commented that something had been removed. The past few weeks, it has flooded badly. The good news is that the agent is now willing to refund my purchase price, but refuses to pay for repairs I made or upgrades to property (laminate flooring, hardwoods, and ceramic tile, evn though these are not damaged). At this point, I just want out and am willing to take the refund, but what do I need to know to protect myself. Thanks in advance!

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libertyresid…, Both Buyer And Seller, Plano, TX
Thu Jul 26, 2012
Try selling it to a real estate rehabber/investor locally. We must do our due diligence before purchasing any house...caveat emptor! I am sorry to hear about your troubles.
0 votes
Seti, Home Buyer, 75460
Tue May 12, 2009
The insurance company told me that flood-related damages are not covered.
0 votes
These are not damages but improvements and the seller must disclose any claims or damages BY LAW, nothing to do with insurance the guy is buying it back at pre non improvements and getting improvements and he was unetical to boot so he should compensate for all.
Flag Sun Oct 27, 2013
Dallas Texas, Agent, Dallas, TN
Mon May 11, 2009
What does your insurance agent state? Can you receive an claim there? If you are UNHAPPY can get out best move on than worry, here in Texas rains are horrible at times.

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0 votes
Seti, Home Buyer, 75460
Sun May 10, 2009
Thanks for your quick response! Yes, the seller is a real estate agent. When I talked to him after the first rain a month after closing, he responded that he had disclosed about the flooding. When I told him that he had also assured me that everything had been fixed, he said he would get back to me. Bottom line: he offered to buy the house back, mentioning that he had talked to his attorney.
Although I am out about $5K, I am not sure that an attorney wouldn't cost as much or more than I could recover - although my pictures and talks with engineers / architects indicate that the house cannot be fixed. I haven't lived in town long and we are talking about a real estate dynasty here. The non-local attorney I talked to suggested I have a very good case, especially as I have documented the extent of the flooding (I used to be Litigation Coordinator for a Fortune 500).
In the meantime, I would have to clean up the mess again (I just did it three days ago, but we had even more extensive flooding yesterday - the phrase "A River Runs Through it" comes to mind), live with the mold, fan noise, and expense of new carpet, etc. We may have more rain tonight...
0 votes
Chris Mabry…, , Tucson, AZ
Sun May 10, 2009
Hello Seti,
Let me get this straight, the real estate agent was the seller, right? You have a legal issue on your hands here. Full disclosure is a HUGE part of real estate. Contact an attorney ASAP. Not only have you put money into upgrades, but you have been through a lot and are probably entitled to a settlement. You need professional assistance with this problem. Good luck, I hope it all works out.
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