just purchased a house - but different from the offer date conditions.. help!?

Question

hi,
I've just purchased a house.
since it is only 2.5 yrs old and the house looked all fine, we bought it unconditionally without inspection
2 months later on the possession date, we've entered the house and noticed that all the doors in the house do not close properly, and we found some long and big cracks on the walls and ceiling.
The house must've shifted and tilted on one side after the offer date when we looked at the house. The realtor said that the contract states that the conditions of the house must not be substantially different from offer date to the possession date.
We are really upset with the sellers because we believe that they should've notified us of the changes and done something about it.
We're thinking of bring the sellers to the court and demand that they fix the problems or refund the money.
Unfortunately we have no proof, but just us and our realtor's words agaisnt theirs.
Can we win if we bring this to the court?

Answer 1

we bought it unconditionally without inspection

That is the most important statement you made. If it is true, the conditions of the offer WERE met. Did the seller see the house between the date of the offer and the sale date. If not, how could they inform you of any changes? Any settling resulted from conditions that existed at the time of the offer. Therefore conditions are not substantially different. I have never formally studied law, but if I am on the jury, you are out of luck.

Answer 2

>> The house must've shifted and tilted on one side after the offer date when we looked at the house.<<

>> Unfortunately we have no proof, <<

No one brings "proof" to court; they bring "evidence." If the evidence convinces the fact finder; the evidence was "proof."

You do have evidence: Your's and your broker's testimony. You might also have testimony of the mortgage appraiser, other brokers & possibly other people who may have looked at the home at about the same time you did. If you can find these people & they corroborate your case, you may be able to win damages or even rescission of the contract. Contact local legal counsel.

Answer 3

you had no inspection done so you are pretty much stuck. now you know why the previous owner sold when the house is only 2.5 years old. btw those are called stress cracks and yes the house has shifted.......but that isn't something that happens overnight. the builder didn't properly prepare the ground before laying the foundation. you can contact a foundation stabilazation company to do some repairs and prevent future problems.

Answer 4

You answered your own question. You have no proof!

You should never buy a home (New or Used) or a used car without an inspection. Then any problems are found and you may require the seller to repair or get a reduction in the price.

Buyer Beware!

It may be an expensive lesson.

Answer 5

I am a REAL ESTATE INVESTOR<__< INVESTOR, in the Houston, Texas area. YOU DO HAVE A PROBLEM!!! 1. You committed to a contract to purchase, and did not have an independent inspector critically inspect the home for you !!! BIG MISTAKE!! 2. You did not have a "WEASEL" (subject to)clause facilitating your option to back out, before closing!!!3. You trusted your real estate agent!!!!! 4. In lue of an inspector, you should have had a ?"competant?" attorney view the contract.5. You can now obtain an attorney to represent you'r cause in a court of law, MUY MUCHO DOLLARS !!!! My suggestion : ASK AROUND, LOCATE AT LEAST 5 REAL ESTATE ATTORNEYS, GO TO EACH, PRESENT YOUR CLAIMS TO EACH !!! M A K E N O C O M I T M E N T T O ANY OF TH E M, UNTILL AFTER THE 5th !!!! THINK ABOUT THEIR PESPONCES TO YOU, FOR AT LEAST 3 DAYS!!!!! GO TO THE ONE YOU AND YOUR WIFE,/, AND YOUR WIFE,/, AND YOUR WIFE FEELS COMFORTABLE WITH !!!!! I HAVE MY PERSONAL OPINIONS ABOUT : ATTORNEYS / LAWERS, REAL ESTATE "PROFESSIONALS", BANKERS, and POLITICIANS ::: THEY SINGULARLY ARE DANGEROUS,/ COLLECTIVELY YOU ARE JUMPING UP AND DOWN ON A DEN OF RATTLESNAKES!!!!!!!!!!!!!!!!!!!!!!!!! BBBBAAAADDDD SITUATION !!!!!!!
GOOOOOOD LUUUUUUCK !!!!!
Uncle Wil