I recently learned from the neighbors that days before I moved in that a fire/smoke restoration team was brought in to clean up water damage. This information was not disclosed at closing. What are my options? I want the carpet replaced and a letter stating that the seller will be responsible for any future mold/mildew damage for the next ten years. This was a brand new home when I moved in.
2006-11-16 07:02:20 · 10 answers · asked by LaShawn P 1 in Business & Finance ➔ Renting & Real Estate
You need to confirm the accuracy of the neighbor's story and validate they aren't just running off at the mouth. Probe the neighbor to find out the name of the team that performed the restoration - if so, contact the team and confirm with them that they actually performed work in the house. If possible request something in writing. Don't tell them you believe you've been deceived - keep it generic such as you're trying to make a file of the history of the house repairs in case you need it in the future. If you tell them you might sue the seller the restoration team might be leary of helping for fear of becoming locked into a legal battle.
In Texas the consumer is protected under The Deceptive Trade Practices Act - I'm sure there's one in your area as well. If the seller intentionally withheld this information you can file suit deeming false, misleading or a deceptive sale and sue for damages. When you sue you are entitled to amounts up to three times the damage.
Advise the realtor that represented you of your new information and have them contact the selling realtor to see if a suitable agreement can be reached. If the seller refuses to budge, express your desire to pursue legal action. At this point if it comes to this you must place in writing a notice to the seller telling them your findings and that you believe they have deceived you under the Deceptive Trade Act. Let the seller know in writing if they don't agree to your terms or make suitable amends you will sue and be entitled to damages of up to three times the amount. Typically once you write a letter expressing your intent to sue, deceptive sellers will try to make amends.
2006-11-16 07:16:36 · answer #1 · answered by The First Lady 5 · 0⤊ 0⤋
Did you have a disclosure notice that requested this information? Did you have the home inspected by a professional home inspector? Was it an actual new home, just built? or Are you the second to live there?
If you had a disclosure noticed that asked about flooding and it was not disclosed on there; you have a case for fraud. This is based on you asking about it and being lied to (by not disclosing it, a lie by omission.)
If you had the home inspected the inspector should have seen the damage and reported it. He or she can be sued for the ensuing damages (costs of carpeting, mold and mildew removal etc.)
Finally if it was a new home (just built no prior occupancy) you should have a claim against the builder. He did something wrong that caused the flooding, the odds are if this is so there will be problems again in the future.
After reading this and you can answer yes to any of the 3 questions I started with you have a claim with that respective person(s.)
See a lawyer that specializes in real estate law in your area. Most will give you a free consultation. Bring ALL of your purchase and sales paperwork with you, even the lenders home inspection report.
2006-11-16 15:15:09 · answer #2 · answered by my_iq_135 5 · 0⤊ 0⤋
Give this information to an attorney.
You 'should' be entitled to a 'refund' of the difference between the selling price of the home and the market value of the home IF the flood damage was disclosed. You can also be entitled to a fair amount of 'penalty' award that can apply to both the owner (builder) and their real estate agent IF you can prove the agent knew of the flood damage.
A good real estate attorney can get you started on recovering the money lost. I would imagine that if the real estate agent knew of this problem, there is lots of cash to be awarded here... you could easily end up with the home for free PLUS having it repaired.
Good luck!
2006-11-16 15:08:47 · answer #3 · answered by wrkey 5 · 1⤊ 0⤋
Sellers are required by law to disclose defects that they are aware of.
Get an attorney to draft a letter demanding carpet replacement and a mold/moisture inspection. You can't expect them to be responsible 1, 2 3, or 10 years from now,but you CAN expect it to be mold and moisture free NOW.
2006-11-16 16:55:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is my understanding that all major conditions of any home must be disclosed before the purchase transaction. It's too late now but you should always insist on a home inspection by a qualified outside person. I would guess that you can go back to the realtor, if there was one, and they can suggest a coarse of action.
2006-11-16 15:08:39 · answer #5 · answered by Dave 2 · 0⤊ 0⤋
Ask your Buyer Agent if they checked the CLUE Report on that house. Your Buyer Agent should have noticed the damage as well as your Home Inspector. This is what we get paid for.
Did YOU check the CLUE? Re-read the Sellers Disclosure.
2006-11-16 15:49:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It is not too late. Get a real estate attorney and sue. The seller (and possibly the Realtor) broke the law. Then file a complaint with your state's real estate commission.
2006-11-16 15:34:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If this is a new home there should be a policy to cover against this. If not, consult an attorney.
2006-11-16 16:07:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
contact your agent/broker then seek an attorney.
you have a serious lawsuit on your hands.
2006-11-16 15:09:14 · answer #9 · answered by bush deathgrip 2 · 0⤊ 0⤋
I am SOOOOOO glad I'm not that Realtor.
2006-11-16 15:37:29 · answer #10 · answered by teran_realtor 7 · 0⤊ 0⤋