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MGD284

Junior Member
What is the name of your state? I live in TX

I have recently purchased a home that was built in 1993. I bought the house believing I had a good house as I thought the mortgage company had sent an inspector to evaluate the property. I now know that they sent an appraiser and not an inspecter. The appraiser had only good reports about the house and did not report any problems, hidden or otherwise.
The seller was in the process of buying a new construction and was eager to sell quickly. The selling price was reasonable and so I offered the full asking price. We signed the contract and eventually closed.
I had read all of the contract to sell and had noted that there was nothing to concern me in the sellers disclosure. The only thing disclosed was that termites had eaten one windowsill but the whole property had been treated and that there was no evidence of further activity.
After closing on the house I had spent the next two weeks renovating my previous house to rent. The first time I went to cut the grass was the first time I had paid particular attention to the outside. I found two large vertical cracks through the brickwork, one of about 48" and the other about 60", and also two smoller cracks of about 24" high. The slab had also been repaired at all four corners. I called the seller and asked about them. First the seller said he may have hit the wall with his trailer whilst moving and denied all knowledge of the larger crack. He said he would call me back after looking for himself.
I eventually called him back after about two more weeks and he and his wife came over to talk to us. They said that they believed that the cracks had been "cosmetic" had not felt that they should disclose them. They also said that the slab repairs had been minor and cosmetic and did not feel they should disclose them. I asked them if they would contribute to any repairs needed after a proffessional independent structual engineer had evaluated it. They said that they would not and that it was my fault for buying it.
The wife said in the meeting that one of the cracks(the one that was supposed to have been hit by a trailer at moving) had been evident a year previous but had been smaller.
I believe that the seller deliberatly did not disclose the slab repairs and cracks through the brickwork as I would not have bought it with these problems. My problem is now I have a house that has slab repairs and needs wall repairs and am awaiting a structual engineers report. When I sell this property I will have to disclose all of this and could jeapodise either the sale or the price.
Please could you give me any advice or my legal standing in this matter.
Thank you
 


HomeGuru

Senior Member
MGD284 said:
What is the name of your state? I live in TX

I have recently purchased a home that was built in 1993. I bought the house believing I had a good house as I thought the mortgage company had sent an inspector to evaluate the property. I now know that they sent an appraiser and not an inspecter. The appraiser had only good reports about the house and did not report any problems, hidden or otherwise.
The seller was in the process of buying a new construction and was eager to sell quickly. The selling price was reasonable and so I offered the full asking price. We signed the contract and eventually closed.
I had read all of the contract to sell and had noted that there was nothing to concern me in the sellers disclosure. The only thing disclosed was that termites had eaten one windowsill but the whole property had been treated and that there was no evidence of further activity.
After closing on the house I had spent the next two weeks renovating my previous house to rent. The first time I went to cut the grass was the first time I had paid particular attention to the outside. I found two large vertical cracks through the brickwork, one of about 48" and the other about 60", and also two smoller cracks of about 24" high. The slab had also been repaired at all four corners. I called the seller and asked about them. First the seller said he may have hit the wall with his trailer whilst moving and denied all knowledge of the larger crack. He said he would call me back after looking for himself.
I eventually called him back after about two more weeks and he and his wife came over to talk to us. They said that they believed that the cracks had been "cosmetic" had not felt that they should disclose them. They also said that the slab repairs had been minor and cosmetic and did not feel they should disclose them. I asked them if they would contribute to any repairs needed after a proffessional independent structual engineer had evaluated it. They said that they would not and that it was my fault for buying it.
The wife said in the meeting that one of the cracks(the one that was supposed to have been hit by a trailer at moving) had been evident a year previous but had been smaller.
I believe that the seller deliberatly did not disclose the slab repairs and cracks through the brickwork as I would not have bought it with these problems. My problem is now I have a house that has slab repairs and needs wall repairs and am awaiting a structual engineers report. When I sell this property I will have to disclose all of this and could jeapodise either the sale or the price.
Please could you give me any advice or my legal standing in this matter.
Thank you

**A: what made you think that you did not have to hire a home inspector. There was no home inspection done to protect your interest.
 

MGD284

Junior Member
I did not hire an inspector as I thought that the mortgage company had, but I later found out that it was an appraisal not an inspection. I realise that without a inspection I am left out on a limb, but does the non disclosure or misrepresentation give any grounds for me to pursue the seller
 

HomeGuru

Senior Member
MGD284 said:
I did not hire an inspector as I thought that the mortgage company had, but I later found out that it was an appraisal not an inspection. I realise that without a inspection I am left out on a limb, but does the non disclosure or misrepresentation give any grounds for me to pursue the seller

**A: both Buyer and Seller have liability.
 

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