Sellers Disclosure not provided at Closing.?

Question

A Home was purchased and no Sellers Disclosure was provided..now the Buyers have found too many problems to list, worth 25k. Home purchased one year ago.

Seller discouraged buyers, who were trsuting her and were green, NOT to get the home inspected.

Does anyone have any experience with that in Texas??

I am in the process of seeing an Attorney. I just wanted some real life experiences from folks...

It was Owner Financing and I referred an Attorney. Young couple, no experience and trusting. Yes, the Seller did walk through the property with them and buyers pointed out everything that needed repair, seller nodded that yes it needed to be repaired, agreed to "help in anyway" and left it at that. Because they unkowingly bought the home, seller assured it was in great shape, that her husband had already "inspected" it and it was fine.
Seller must provide a Sellers Disclosure by State Law at time of closing, none was provided.
This is the reason many unsuspecting, and ignorant folks are taken advantage of. Due to Disception on the Sellers part, knowing they didn't know the proper steps to take and she certainly didn't volunteer any of it as well.
I do think we have a great case and let it be a lesson to many ppl out there. This seller is going to pay a lot more than what she sold her home for...
Thanks Guys!

Thanks Bostonian.

"Buyer Beware" was around before in Texas, which is why the New law went into effect in after '94 regarding a Sellers Disclosure be provided at or before Closing.

Once again, it was Owner Financing, no Broker, no Agent, which is exactly what she counted on. No interference. Apparently in my research she's done this to quite a bit of other unsuspecting ppl as well. They were just as surprised as my friends were at the many red flags that came up.
In Texas, if you are buying your home 'as is", a waiver must be provided along with the Sellers Disclosure, stating the buyers are aware of the problem(s) and agree to the purchase.

Had they gotten an Inspection, they would have found all that damage and she would have had to either lower her price, or make the 25k repairs..of which she was going to do neither.

The one instant "out" they have right now, is getting all the money they've paid her, and walk away, but they want to stay there, hence the long story.

Answer 1

You need a lawyer. Don't rely on answers you get here. Yes, I'm a lawyer. No, I don't know the answer to your question.

Answer 2

Unfortunately you probably don't have any case at all. You wouldn't try to perform surgery on yourself, would you? Of course not! You'd get an expert to do it for you. Same basic rule when buying a home -- or anything else for that matter.

You get an inspector to verify the condition of the property. You get an attorney to look over the contracts and maybe do the closing as well. Maybe you get a buyer's agent to handle the negotiations for you.

If you went it on your own, you have a fool for a client -- times 3.

If the sale was run through a real estate broker, then the seller's disclosure is required and most certainly would have been provided. However, if this was a private sale and the buyer did not provide instuctions to the escrow company to secure the seller's disclosure it is not required!

I'd wager that the buyer had neither a buyer's agent nor an attorney. In that case, it's strictly Caveat Emptor. Real Estate transactions MUST be in writing. Anything that is not in the written contract didn't happen!

Consult with a local real estate attorney, but it doesn't look like you'll go very far with it.

Answer 3

It was their responsibility to get the home inspection. In fact, that should have been a warning to them right there. If they didn't get an inspection, then it is their bad. They would also have to prove that the things that need repair occurred over a year ago. The fact that they waited a year isn't going to go well either.

"We cannot emphasize enough the value and necessity of an extensive home inspection. Many home purchasers, either in the desire to save the $200 to $500 that a good inspection costs, or due to simple ignorance, have spent enormous sums of money repairing items that any good home inspector would have pointed out. Any offer to purchase you make should be contingent upon (subject to) a whole house inspection with a satisfactory report. Do not let anyone--not the agent, not your family or friends, and especially not the seller--dissuade you from having the property thoroughly inspected! Not only will you sleep much sounder after you have moved into the house, a professional inspection can give you an escape hatch from a contract on a defective house. If the contract is written contingent on an acceptable inspection, any defects in the home must be either repaired or monetarily compensated for. If you are not satisfied, you have the option to cancel the contract." (http://www.ourfamilyplace.com/homebuyer/inspections.html)

If the buyer bought "as is" there is no recourse. I just bought my first home, and I made sure that there was a home inspection (especially since I only had online pictures to go by). Not that this was real helpful. $400.00 and he had so many escape clauses in his report, it was almost worthless. Looked like he just came in looked around and left. So far so good on the house though. Hey, they can always talk to an attorney though...Good luck!

Answer 4

I am NOT lawyer, but I am a licensed Texas real estate broker. This is not legal advice. You DO need to hire an attorney.

In Texas, the seller is REQUIRED to disclose the condition of the property to the buyer (whether or not a real estate agent is used). Only under very specific circumstances is the seller exempt from providing a disclosure. The buyer should always insist on the disclosure being in writing.

That being said, the buyer put themselves in a very bad situation. They should have gotten an inspection of course.

They need to contact a lawyer. They will probably have a hard time, since they will need to prove the sellers meant to mislead them, but they should contact an attorney.

If they had only used an agent......

Answer 5

I have no experience with this, but it sounds like it's time to get a lawyer who specializes in real estate law.