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Old 05-09-2009, 02:20 PM
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Join Date: May 2009
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Omission on NC Residential Property Disclosure Stmt


What is the name of your state (only U.S. law)? North Carolina

Hello, I've sold my house in NC but am running into an issue w/ the "State of NC Residential Property Disclosure Statement". We initially filled this out when the house was listed, and filled it out correctly. However, in the rush to sign the contract to buy w/ the buyer, the realtor had us fill out another disclosure statement and we did not check box 17 which identifies a utility easement on the property (storm drain running underground along the back fence of the property). Upon question from the buyer (after the property was sold) we provided the correct statement. Now the buyer wants to back out, get their escrow money, and also be reimbursed for all inspection costs. Is this legal on their part? Looking at the statement it does not appear to give the buyer the right to void the contract. Thoughts? Thanks again for any help!
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Old 05-11-2009, 12:54 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by nchomeguy View Post
What is the name of your state (only U.S. law)? North Carolina

Hello, I've sold my house in NC but am running into an issue w/ the "State of NC Residential Property Disclosure Statement". We initially filled this out when the house was listed, and filled it out correctly. However, in the rush to sign the contract to buy w/ the buyer, the realtor had us fill out another disclosure statement and we did not check box 17 which identifies a utility easement on the property (storm drain running underground along the back fence of the property). Upon question from the buyer (after the property was sold) we provided the correct statement. Now the buyer wants to back out, get their escrow money, and also be reimbursed for all inspection costs. Is this legal on their part? Looking at the statement it does not appear to give the buyer the right to void the contract. Thoughts? Thanks again for any help!
**A: yes it is legal on their part. Now why was there a second disclosure statement and why did you not check off each line item in the new disclosure using the first one as comparision?
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