Disclosure Form not Provided at Closing

[trainedchimp]

What is the name of your state? Texas

Hubby and I purchased a home from an Owner. She provided financing and brought paperwork to us as well for signature..we thought that was weird but we are first time buyers and are totally green about home buying...

We noticed (after reviewing the contract copy that we got in the mail) that it seemed fishy. We didn't find a Disclosure Form in the Contract.

SHe agreed to help with repairs, because she knew the house needed some fixing in various areas. Of course it was verbal. She wanted the money right off and rushed getting the paperwork, becasue as she put it "I'm doing you a favor..I'm trying to help you"

She also charges us exhorbitant interest fees, above the late fee (not on the contract) so we paid her. She never gives me a receipt for payment (even if it is a check) and there were several mistakes we missed in the original contract.

We didn't sign before a notary as well, yet she signed and stamped.

We found all this out after a good friend started asking us questions and we didn't have any answers.

He says we can sue under the Texas Deceptive Trade Practices Act of 1994 for both pain, anguish as well as any money we invested in repairs and Attorney/Court Costs etc....
and still be able to Recede the Contract and walk away.

We don't want to lose our little home...it's only 900 sq feet but to us a palace. Any chance we are allowed to force to re-do the contract??

HELP!!!!

[Bigfoot]

You need a real estate attorney to iron out all of the challenges that you seem to be facing. If you don't want to do that, talk with a mortgage lender to see if you can a loan. If you qualify for a mortgage loan then some of these problems will come to light and perhaps give you a way of escape. The new lender will require an appraisal, which you haven't mentioned. You also don't say what she stamped...surely she's not notarizing her own signatures.

If you can't qualify for a mortgage, then it sounds like you're stuck.