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  #1  
Old 10-30-2009, 07:05 PM
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failure to disclose, statute of limitations?


What is the name of your state (only U.S. law)?
Oregon
I bought a home nearly a year ago.
The seller failed to disclose a water problem of which they had to have been aware.
It is my understanding that the statute of limitations only gives me a year to seek redress.
I'd rather try negotiating with them before filing legal action, but how can I do so without the statute of limitations causing my right to claim expire while I do so?
  #2  
Old 10-30-2009, 08:03 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by rgesner View Post
What is the name of your state (only U.S. law)?
Oregon
I bought a home nearly a year ago.
The seller failed to disclose a water problem of which they had to have been aware.
It is my understanding that the statute of limitations only gives me a year to seek redress.
I'd rather try negotiating with them before filing legal action, but how can I do so without the statute of limitations causing my right to claim expire while I do so?
**A: what date did you close and on what date were you aware of the water problem. What was/is the water problem and how can you prove the Seller was aware of it.
  #3  
Old 11-03-2009, 02:40 PM
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Quote:
Originally Posted by HomeGuru View Post
**A: what date did you close and on what date were you aware of the water problem. What was/is the water problem and how can you prove the Seller was aware of it.
I closed at the end of December 2008 and became aware ofthe water problem in January 2009.

The problem is water leaking into the basement during heavy rainstorms or snowmelt, at which time the water filled 75+ percent of the (not very level) basement floor up to 3" deep. The house had been owned by the seller's parents for several decades, and was occupied by the seller's brother after their death, until the seller sold it to settle the estate. It is unbelievable that the seller would not have been aware of this, particularly during the huge rains of 1996, yet the seller stated that there were no water problems when specifically asked. Also, before closing I saw was a hole in the concrete basement floor near the sewer line, but didn't think anything suspicious about it, however they moved all there junk out of the basement and I took possession that hole had been patched and later, when I was cleaning up after the water, I saw that there were two other holes that had been recently patched. Not coincidentally, I think, there three holes were at the three lowest points of the basement floor, where water ponded the deepest. It seems pretty clear that these holes were to let water drain back out into the subsoil.

In any case, none of this asnwers my question:
How do I preserve my right to file a legal claim while I try negotiating with them before filing legal action, without the statute of limitations causing my right to claim to expire?
  #4  
Old 11-03-2009, 02:43 PM
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Join Date: Oct 2009
Posts: 3
I should have proofread my reply. I meant to say "...however after they moved all their junk out of the basement and I took possession, I saw that hole had been patched..."
  #5  
Old 11-03-2009, 02:51 PM
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Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,348
Quote:
Originally Posted by rgesner View Post
In any case, none of this asnwers my question:
How do I preserve my right to file a legal claim while I try negotiating with them before filing legal action, without the statute of limitations causing my right to claim to expire?
There is no way to preserve your right to file a suit, short of actually filing the suit.
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