non disclosure of water damage.

[craigs1]

What is the name of your state?North Carolina.
I just recently closed on a house that was as is. It needed some work but nothing major. I started to remodel the basement and was removing the drywall and found that ninety percent of the floor joists and some of the sub floor has extensive water damage. It looks as though the previous owner had scabbed onto the floor joists with a 3 foot piece of lumber and then just coverd it up with the drywall. I had a home inspector but do to drywall on the ceiling in the basement he couldn't see the damage. Is there any legal recourse to make the previous owner pay to have the damages and cause of damages repaired or return my money for the home? Thanks for any advice.

[seniorjudge]

Originally Posted by craigs1

What is the name of your state?North Carolina.
I just recently closed on a house that was as is. It needed some work but nothing major. I started to remodel the basement and was removing the drywall and found that ninety percent of the floor joists and some of the sub floor has extensive water damage. It looks as though the previous owner had scabbed onto the floor joists with a 3 foot piece of lumber and then just coverd it up with the drywall. I had a home inspector but do to drywall on the ceiling in the basement he couldn't see the damage. Is there any legal recourse to make the previous owner pay to have the damages and cause of damages repaired or return my money for the home? Thanks for any advice.

Sounds like the prior owner knew about the damage and intentionally covered it.

I'd be hiring a construction lawyer (there are about ten million of them in your state).

[HomeGuru]

Originally Posted by seniorjudge

Sounds like the prior owner knew about the damage and intentionally covered it.

I'd be hiring a construction lawyer (there are about ten million of them in your state).

**A: a real estate attorney versed in seller disclosure litigation would be better. There are way way less than 10 million of them.

[Anraya]

I have the same problem but I have not bought yet. I am wanting to know if I can get my inspection money and appraisal money back since the seller flat out stated that there were no structural problems. Now they are asking me to sign a Release form withdrawing all liabilities to seller and me buyer. I don't think I should do that since the only money I am going to get back is $500.00 earnest money. I also paid directly from my account for the appraisal. I am wondering if I should hold off and take them to small claims court both the seller and the realtor and then get my entire earnest money and have the seller also pay for the appraisal. Perhaps I am pushing the appraisal but it is totally unethical for the seller to do this. They had to have known that the wood was bad since they just remodeled the kitchen with laminated fake wood only one year ago. The house is infested with post powder beatles and termites which they did the same thing - scabbed into the joists. Even the pest inspection came back and said that it was treated before but they the bugs are back. I really don't know what to do. I don't have $$$ to just give out but who does. Can you help me?

[HomeGuru]

Originally Posted by Anraya

I have the same problem but I have not bought yet. I am wanting to know if I can get my inspection money and appraisal money back since the seller flat out stated that there were no structural problems. Now they are asking me to sign a Release form withdrawing all liabilities to seller and me buyer. I don't think I should do that since the only money I am going to get back is $500.00 earnest money. I also paid directly from my account for the appraisal. I am wondering if I should hold off and take them to small claims court both the seller and the realtor and then get my entire earnest money and have the seller also pay for the appraisal. Perhaps I am pushing the appraisal but it is totally unethical for the seller to do this. They had to have known that the wood was bad since they just remodeled the kitchen with laminated fake wood only one year ago. The house is infested with post powder beatles and termites which they did the same thing - scabbed into the joists. Even the pest inspection came back and said that it was treated before but they the bugs are back. I really don't know what to do. I don't have $$$ to just give out but who does. Can you help me?

**A: please start your own thread.

[pojo2]

Originally Posted by craigs1

What is the name of your state?North Carolina.
I just recently closed on a house that was as is.

SJ and HG your advice stand despite this line?

[HomeGuru]

Originally Posted by pojo2

SJ and HG your advice stand despite this line?

**A: yes but why do you ask? Did you read the seller disclosure law?