My neighbors purchased a home and were told by the sellers that it was built in . That is not true because I built my home in 1999 and theirs was already built and stable with sod etc. Now the sidewalk and stoop are seperateing from the actual house because there is not any gravel to support them. Do they have any rights from the sellers, the village (which knew the actual build dae)or the realestate for falsifying the documents?
2006-06-12 16:40:19 · 5 answers · asked by gayle c 1 in Business & Finance ➔ Renting & Real Estate
The realtor should have checked the actual year the house was built. It's easy enough to do since it's part of the public record. Both the realtor and the home owners are responsible for the accuracy of the information given to potential buyers. However, I think the age of the home may not be an issue with the construction. If the realtor or previous owners knew there was faulty construction, then the new owners may have a case. I think it's worth consulting an attorney who specializes in real estate. Generally, an attorney can advise them over the phone whether it's worth pursuing. (By the way, "faulty memory" is no excuse. The age of a home is easy to verify. "I forgot" just doesn't hold up in court.)
2006-06-12 17:21:19 · answer #1 · answered by Fall Down Laughing 7 · 0⤊ 0⤋
You'd have to prove that they knew the true age of the property, and deliberately falsified it. Then you'd have to prove that you were damaged by this in some way. You didn't mention when they claimed it was built, but if it's slightly older than one built in 1999 that's probably not materially significant.
Most listings state an approximate age since it is often difficult to pin an exact age on a building. A house isn't normally built in one day, but over a period of weeks or even months. Do you use the date that construction was started? Or the date that construction was completed? And what constitutes the completion date? The day that the last shingle was nailed down, or the day the last drop of paint dried? If it's within a year of any of these dates, it's not going to make any difference since the date is approximate.
Theoretically, you might have a claim against the builder for shoddy workmanship but that may be hard to prove or identify whom to sue. Many developments are built by a corporation that is dissolved once the construction is finished, making it impossible to go after anyone with a claim.
2006-06-13 00:23:13 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
If they were damaged by it....could this problem have been prevented if the correct date had been known?
The Realtor is not responsible for sellers lying. The Realtor would have given the correct date since it is part of the public record and is a part of every listing. Sod is not an indication of when a home was built. Sod can be put in and look as though it was there for months or years. Someone above suggested that it was hard to know when the home was built. That is incorrect. The date is the date that a certificate of occupancy has been issued by the county/city officials.
2006-06-13 00:37:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First they'd have to prove they lied intentionally and were not simply suffering from faulty memory. Then they'd have to show that as a result, they were somehow damaged and suffered a loss.
2006-06-12 23:45:36 · answer #4 · answered by Black Fedora 6 · 0⤊ 0⤋
You can say hey... that was noootttt nice!!! And kick them in the shins.
2006-06-12 23:43:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋