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Do I have any legal leverage here? Please, Please Help.

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Jennifer31

Junior Member
What is the name of your state? Louisiana

Four years ago I began purchasing a home through an individual home owner (not a real-estate company). The home is a 2 story 3 bedroom 2 bath brick home located on a lake. It was ideal for my family since we all enjoy the water and boating. When we initially looked at the home the house seemed to be in good shape. The only thing that was strange is that there was no carpet downstairs at which time the owner told me that he was leaving the carpet up to the purchaser. I had also asked him if the property was in a flood zone. He told me that he did not know of the lake ever flooding, but he did recall people talking of a flood over 20 years ago. We thought we were getting a great deal on the home and decided to go ahead and finalize a deal. In the contract the owner of the house wished to keep insurance ie. flood and fire in their name and my husband and I pay the yearly premium. I had asked him why he kept flood insurance on the house and he told me that he was required to do so being a homeowner in this Parish. He told me, should we ever have to make a claim on the insurance that he would take care of the house. Well**************.since we have lived here we have flooded several times. The first time it happened I called the Seller to inform him of the flood and that I had lost all my furniture and the floor was wilted. He told me that he would contact the insurance company and have them come out. He told me to not let the insurance company know that I was the payee on the policy. Well the gentleman that came to access the damages pulled some of the floor up just to find that there was rotten wood underneath the wood that was buckling due to water damage. He said that whoever was here before us just laid good wood over bad wood. Next all the floor joyces that stabilize the floor are rotten as well. Further**************.behind the fresh paint on all the walls was rotted walls where flood waters had deterioted the material. The paint was a huge cover-up. Also, the air conditioner was excreting a major level of condensation causing a terrible mold problem in the AC ducts which we have paid for out of our pocket to fix. The brick wall downstairs which contains the fireplace has cracked completely down the center. Also the upstairs bathroom floor recently fell through. When we looked and noticed there is a terrible temite problem. After he got the insurance money the first time around he dropped off 20 sheets 3/4 inch plywood in the driveway. We informed him that we did not know how to put in a floor nor for that matter floor joyces. We are moving out of this house**************...I want to break the contract. Where would I stand legally if I sued the Seller and further would I be entitled to get any of the $30,000 that I have already paid into buying the home? Thank you so much for any advice.

Jennifer
 


danno6925

Member
Run, Forrest, RUN!!

Four years ago I began purchasing a home through an individual home owner (not a real-estate company).
So are you renting with the option to buy? Do you own it yet?

The only thing that was strange is that there was no carpet downstairs at which time the owner told me that he was leaving the carpet up to the purchaser
Warning bells should have sounded at this point.

I had also asked him if the property was in a flood zone
FEMA flood plains are public knowledge - you should have looked this up. Instead you relied on his answer?

We thought we were getting a great deal on the home and decided to go ahead and finalize a deal
Deals that look too good to be true almost always are.

In the contract the owner of the house wished to keep insurance ie. flood and fire in their name and my husband and I pay the yearly premium.
Dumbest thing I've ever heard. Why pay HIS premiums? If you lost everything, only HIS property is covered. What you should have done was told him to keep HIS insurance as his own, and gotten RENTER'S insurance.

He told me, should we ever have to make a claim on the insurance that he would take care of the house
And he said nothing of your posessions, no? HIS house was covered, your posessions were likely NOT covered under his policy.

He told me to not let the insurance company know that I was the payee on the policy
Why not? What's a little insurance fraud between friends?

Well the gentleman that came to access the damages pulled some of the floor up just to find that there was rotten wood underneath the wood that was buckling due to water damage. He said that whoever was here before us just laid good wood over bad wood. Next all the floor joyces that stabilize the floor are rotten as well
All of which would have been discovered had you paid a home inspector to evaluate the home before you took posession.

I want to break the contract.
There's the matter of a dwelling being inhabitable. Sounds like you're missing some key elements of a home - like a floor to stand on.

Where would I stand legally if I sued the Seller
Hard to say, I'm not a judge. What does your attorney say? ...You HAVE spoken to an attorney, haven't you?

and further would I be entitled to get any of the $30,000 that I have already paid into buying the home?
Probably not. This would likely be considered little more than rent.

The limb you're out on is tenuous at best. You want to get out as soon as possible, so contact an attorney to determine the best way to escape this awful situation. Since you do not yet own the property, you may be able to claim that he didn't disclose these issues to you initially. However, he might claim that the damages ocurred since you moved in. Since you did not mention having a professional home inspection done, I'm presuming you never had one completed. That being said, you can't prove these damages were there when you moved in. IMO, you need a LA attorney who knows LA real estate laws. Consult with one as soon as possible.
 

Jennifer31

Junior Member
Thank you for your advice. I have an appointment with an attorney next week concerning this. I was a first time buyer and did not know all the ropes to buying a home. Guess you live and you learn. Again, thank you.
 
It was ideal for my family since we all enjoy the water
Apparently you don't enjoy it indoors!

Take pictures of everything. Get an inspection with a report that says this flooding has occured x times in the past. Contact the insurance company for a claims history or you will need to subpoena it to show fraud. He probably kept the policy so it wouldn't be a red flag to you. You need to talk to an attorney. You are not in a good situation...sorry about that. At least with a fraud claim he could be exposed to triple damages and the like which might scare him into just giving you your money back. Best wishes...
 

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