What if you have a Buyer who asks the question, what recourse do I have if the condition of the property I just purchased is not what I thought it to be?
*An attorney always wants proof.
*Disclosures [forms] mean something if you can prove the issue.
*Someone can sell a home which is ready to collapse, but if they
have no knowledge they have no liability.
*However, if they had knowledge and you can prove they had the
knowledge, then they have liability. Knowledge can be proven through
testimony or proof of work on the issue, like recent waterproofing or
exterior drainage control measures.
*In this instance, the buyer can talk with neighbors, local
waterproofing companies and/or inspectors.
*Who knows, the seller could be truthful. Funnier things have
happened. Also, has the new owner done anything that could lead to the water
issue, like change exterior water flow, or remove water protection items
such as window well covers?
*Don't forget to check the sump.
*Proof is key in enforcing disclosure problems.
Nick
Nicholas D. Perrino
Attorney at Law
Prodigy Title Agency
8080 Beckett Center Dr. #318
West Chester, OH 45069
513 870-9070 PH
Visit our blog at The Home Finder Network Blog
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Century 21 Aadvantage Gold, 702-719-2100 - Las Vegas, NV
702-521-1442
I had an instance where everytime it rained a wall between neighbors would be damaged. The wall was starting to bow. It was never disclosed on the Seller's Real Property Disclosure. The seller was liable when a rain flooded the house{ and it doesn't rain too much in the desert} because it had happened before and was never disclosed.
Dec 10, 2010 02:55 AM
Wynd Realty & Katz Realty Group - Alpharetta, GA
"REAL Solutions for Real Estate!"
always get a "Sellers Disclosure" from the seller. if something goes wrong after closing, and the buyer can prove that the seller knew about it and lied on the disclosure, they are due damages per Johnson Vs. Davis
Dec 10, 2010 02:59 AM

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