I have recently bought a house. I had a home inspector look at it. Now that I have moved in I have found out that some issues exist that where not in the seller's disclosure. They are: mold in the basement, a non-existent french drain (I was told there was one), and a history of flooding I found out from the neighbors. I specifically asked about flooding and was assured that there was none. Do I have any recourse on these issues?
2007-07-18 11:44:55 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
The mold in the basement is an issue which should have been noted by your home inspector. If it turns out to be an issue and he did not denote it, you may have recourse against him.
As far as seller non-disclosure, you are in the position of proving that the seller knew of them and intentionally failed to disclose.
"Flooding' is a vague term. Your neighbors may consider it flooding, while the seller did not. Are you certain there is not a 'french drain" ? You would have to excavate to show there is not one, since they are underground.
I think you might have some problems here.
2007-07-18 12:18:54 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
Call your lender and ask them to send you a copy of the flood certification that was pulled when you did your loan. If you were in a flood plain, and the lender did not notify you in writing and have you sign an acknowledgement and mail it back to them...then you have legal recourse on that issue.
It will also be on your appraisal, though the lender's flood certification "trumps" the appraiser.
Lenders pull flood cert on EVERY property...even high rise condos.
If it was not on the disclosure, and was obvious to the naked eye when the inspector went through the home...then you have recourse against the inspector...but not the seller. However, if you have made these discoveries by remodeling, then the home inspector is not responsible.
Most of them do not include a mold test unless you specifically ask for one.
2007-07-18 21:58:01 · answer #2 · answered by Expert8675309 7 · 0⤊ 0⤋
Call up your attorney first thing to make sure you are not out of time to make a claim against the previous owners. Re-read your sale contract, closing documents, inspection report as well as disclosure forms to see if you miss any waivers that you may have signed off on. If you did not use an attorney kindly contact one as well as the real estate agent you use and bring this to their attention.
Good luck.
2007-07-18 19:20:28 · answer #3 · answered by Adventure 1 · 0⤊ 1⤋
Yes. Contact your Realtor or attorney.
2007-07-18 18:47:55 · answer #4 · answered by mister_galager 5 · 0⤊ 0⤋
yes, you definitely have a case...but you will need a real estate attorney to assist you. (also check with your Realtor -if you used one)
good luck
2007-07-18 18:48:45 · answer #5 · answered by Blue October 6 · 0⤊ 1⤋