Home Buying in 33629>Question Details

Tim, Home Buyer in 78703

Seller lies on disclosure?

Asked by Tim, 78703 Sat Jul 19, 2008

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’s answer

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
(813) 875-3700 ext 288
Web Reference: http://www.tampahomewiz.com
0 votes Thank Flag Link Wed Aug 13, 2008
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.
2 votes Thank Flag Link Sat Jul 19, 2008
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
1 vote Thank Flag Link Sat Jul 19, 2008
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"
0 votes Thank Flag Link Sat Jul 19, 2008
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