Our home was inspected prior to the purchase, however, we don't know any inspector who removes ceramic tile to see if there is flooring under it. Nor do they open all kitchen and bathroom cabinets and drawers to know that they are falling off and apart, or close closets with holes in them. The seller has to know as these are things a family uses every day.
What does a new home owner do in situations like this???? It's our understanding that the Seller's Property Disclosure is for disclosing known defects. That was not done .
Whar is a buyer's recourse?????
2007-05-10 02:47:59 · 4 answers · asked by Ruby C 1 in Business & Finance ➔ Renting & Real Estate
Frankly, you do not have much of a case here. The buyers themselves are expected to observe certain visible issues, such as holes in closets, shoddy cabinets, etc. These issues are readily visible to a buyer when viewing the home prior to potential purchase.
Neither an inspector nor a seller is required nor expected to reveal that there is previous flooring located under ceramic floor tile, which I assume is the issue to which you refer.
As long as the floor was properly installed and has no issues, it's not a defect of any sort. I can only advise that, the next time you are in the market for real estate, you take note of obviously visible conditions on your own.
2007-05-10 03:28:59 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
Ruby,
Things like holes in closets and cabinets and drawer condition are called patent defects, meaning that they are able to be detected without the use of special equipment and without the help of an expert. They are defects that are apparent to an average person.
These things don't count when it comes to "disclosure" because it is assumed that a person using ordinary care and average observation skills would have seen this. It takes no special skill or training to open a cabinet door, a cabinet drawer, a closet door, or to see a hole in a wall.
You have no recourse for these items now. The time to bring it up was when you were negotiating on the price of the house. You could have asked for a credit or for proper repairs at that time.
As far as the ceramic tile floor, I'm not sure of what you mean by flooring underneath. Tile is usually put on top of something. It's not suspended by air. If it were improperly installed, a lot of the tiles would be cracked or popping up and that would lead to a closer look by an inspector. If it were recently installed and defects were not apparent yet, you could have asked for the warranty from the installer.
2007-05-10 05:40:31 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
read your contract with the inspector but i believe you will not have legal recourse against them
to sue the previous seller you will have to show with evidence they intentionally hide a know material defect
2007-05-10 02:53:24 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
The Realtor is right. because of the fact the illness became repaired, the illness not exists and need not be disclosed. besides the undeniable fact that, in case you discovered the crack in 2 days, why did your place inspection provider not discover same ? Or did you naively ward off a house inspection to save some hundred greenbacks ?
2017-01-09 14:20:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋