Failure to Disclose - HELP!!

[mccowansmith]

What is the name of your state? Kentucky

I wrote one a couple of days ago, but no one responded. Probably too long.

Abbreviated version:

- Bought a 4 year old home in October (had it inspected).
- Leaks began with first major rain in November, upon which I called the builder to help repair.
- Builder couldn't figure out why it was leaking and it eventually got too cold to test.
- June 2008, still leaks. Called realtor who called builder who informed us that the home was hit by tornado (not disclosed upon sale) in 2004 and to contact seller.
- Seller was two owners removed from time of tornado/repair and claims he did not know it was in tornado or damaged.
- Both previous owners and seller are all acquaintences/friends.
- No disclosure form from first transaction between owner 1 and owner 2. Disclosure form from owner 2 to seller claims no damage and nothing about a tornado or repair.

Do we have a case against seller, owner 1 or owner 2?! We would not have bought the house if we had known about the tornado damage.

[Gail in Georgia]

In your first posting, you indicated that the windows had been replaced in 2004 following the tornado.

The house was 2 owners away from this event in 2004 and thus, despite the fact they knew each other this was no guarantee the last owner knew about the tornado damage nor the window replacement.

In your first posting you indicated that the last owner indicated "don't know" in terms of damage, not "no damage". It's doubtful that the disclosure form asked a specific question about whether a tornado hit the place.

Gail

[CharlotteInvest]

In NC on the disclose form you have a few spaces;

1. yes there were damages but repairs made.
2. the seller doesn't know of any repairs.
3. the seller makes no representations.

Now if the seller put they didn't know of any damages then you might have recourse because the courts will into normal wear and tear. In one months time, i don't think any court would warrant that's enough time for wear and tear to occur on any house especially with it being built 4 years ago.

Plus if the seller placed that they didn't know of any repairs then they would have had to disclose the facts about the tornado. Then the burden of would be on you to prove that the first owner disclosed that information to the second owner.

I think you have a case if the seller said no repairs were needed. It sounds like there might be a hole, or missing shingle.