such as structual defect does the buyer have any recourse even though they purchased with a rehibition clause?
2007-10-23 05:23:00 · 6 answers · asked by micheal777 2 in Business & Finance ➔ Renting & Real Estate
I live in Louisiana where we had 6" of rain last night. Water seeped through a crack in the slab, and puddle in the living room. After moving the carpet back it is obvious due to the deterioration of the padding, the staining of the concrete, the deterioration of the carpet bars that this is not the first time it has happened. I had to remove a section of the padding by scrapping it even in areas that had not become saturated during this event. Fortunately I had fore thought to video and photograph document as I did this
2007-10-23 06:11:37 · update #1
First-I am guessing that you passed on a home inspection? If that is the case then you must PROVE that the owner was fully aware of the issue prior to the sale. That can be hard to do and may mean going back to the owner prior to them. It isn't easy. And if you had an inspection done, read over the contract you signed with them to see if there is any recourse in the event that they missed something. From the sounds of it-this would be hard for an inspector to miss. If you have a rehab clause-then you are in a no win spot since that basically removes the seller from any responsability for future problems (you bought it in the current condition at reduced rate with the understanding that the homes needs work-for better or for worse, a fixer upper). You may not have anticpated rehab of this scale, but that isn't the issue-you knew it wasn't a perfect home. Again in these cases lots of folks still hire an inspector to let them know how large of a rehab they will face. Your agent should have covered that with you in detail to avoid just this type of situation. Sorry.
2007-10-23 06:41:45 · answer #1 · answered by VAgirl 5 · 0⤊ 0⤋
You will have to be in a position to prove that the seller was aware of the defect which you mention. That's not an easy task, unless you can find previous written evidence indicating that they were aware.
You do not state the wording of your rehibition clause, so it's not possible to advise what your options or chances are.
Did you have the home inspected as part of your purchase agreement ? A qualified home inspector should have discovered such a situation. If you waived any such inspection right, you're on very thin ice in this situation.
2007-10-23 12:53:42 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
It is lawyer time. It depends on how the clause was worded, but they still should have disclosed any known defects.
2007-10-23 12:34:35 · answer #3 · answered by Tim 7 · 0⤊ 0⤋
Make sure you have proof that the previous owner knew about it. The burden will be on you to prove their guilt. If their is no substantial proof, then you are stuck with the lemon you bought.
2007-10-23 12:51:39 · answer #4 · answered by Tom H 2 · 0⤊ 0⤋
Im pretty sure if its stated that its a as is sale then its a no ask no tell situation
2007-10-23 12:34:20 · answer #5 · answered by smtownwonder 1 · 0⤊ 0⤋
you should really speak to a lawyer. But there is some recourse, especially if they knew about it.
2007-10-23 12:30:46 · answer #6 · answered by Krystina 2 · 0⤊ 0⤋