property disclosure problems

[tracybuffalo]

state of indiana- i recently sold a house in the state of indiana in the month of august 2007. when i sold it i had filled out the property disclosure .(currently it is february of 2008) i stated there were no water problems or leaks in the house. the house does sit on farm ground and is very flat. we recently had a few days of warm tempertures that melted the snow . then we had two days of solid rain which has caused flooding in the state of indiana. today i just got a call from my realator that the buyer wants a settlement because of the flooding in his yard . he is claiming that the house is built on a lake?? iam a single parent of two children and iam low on funds to get an attorney if i have to fight this in court . does the buyer have a leg to stand on if we have to go to court??? thanks for any advice your site can give me...sincerely tracybuffalo

[seniorjudge]

Did you live in the house before you sold it?

Can you please elaborate why the buyer thinks it was built on a lake?

I don't see how you could be responsible for the yard being flooded; elaborate on that.

[tracybuffalo]

it was my mom and dads house i moved out when i was 18 years of age . i was on my own for 20 years . during that time i got married and had two children.my dad died in 1996.my mom was living alone and was ill . i moved back with my husband and children . i got a divorce in the year 2000 . my mom died in december of 2002. i have 6 siblings . i bought the house from the estate in 2003 and lived there until 2007. during that time we did have standing water at times during heavy rains . yes we did have a very dry summer during the sale. but there was no damage to the yard or house. the yard always did dry up . when my mom owned the house the crawl space was waterpoofed for life and the warrenty is transferable and the buyer is aware of of that . there has never been any damage to the crawlspace ( as in mold or anything) it was for precautionary purposes only years ago .. thanks for your time

[seniorjudge]

Originally Posted by seniorjudge

Did you live in the house before you sold it?

Can you please elaborate why the buyer thinks it was built on a lake?

I don't see how you could be responsible for the yard being flooded; elaborate on that.

Thank you for answering question 1.

Now answer question 2.

And then give me the elaboration I asked for. (I do not understand how or why they are saying that water in the yard affects the house. Enlighten me.)

[tracybuffalo]

Im Not Sure Why The Buyers Are Saying This ,because The Water Only Stands When It Rains And We Have Has Lots Of That,this House Is Not The Only House On The Road That Stands In Water,in Case Should I Go Take Pictures Of Other House On The Same Road

[VeronicaLodge]

Originally Posted by seniorjudge

Thank you for answering question 1.

Now answer question 2.

And then give me the elaboration I asked for. (I do not understand how or why they are saying that water in the yard affects the house. Enlighten me.)

how in the world would she know the answer to number 2? you would probably need to ask the buyer.

[FlyingRon]

Do not type in all caps. It causes the forum software to turn your posts into the goofy every word is capitalized presentation (and would be bad etiquette to do so anyhow...appears like you are shouting at us).

[tracybuffalo]

i did not know sorry

[Grandma's house]

It is the buyers/lenders responsibility to request a complete home inspection to be done of the condition of the house. The appraiser too, should have noted any water damage of prior issues. If there were no prior issues with water then this could be a one time occurance? Were there prior occurrances there with standing water that were not disclosed to the seller?
If so...you could be liable. However if NO water damage was found by a home inspection or the appraiser then likely this was not a prior problem till now and this is a claim for FEMA for the recent conditions and not you.

Tell your realtor he should KNOW not to turn this onto you without ALL of the above being considered.
No water damage at time of inspection of the appraiser and none noted by the home inspector (if this lender required it) also the buyers agent had to of offered a home inspection and recommended one.

Key: WAS THIS A PRIOR ISSUE FOR THE HOUSE AND DID YOU KNOW ABOUT IT?

[Grandma's house]

I want to add...Not because I am in the biz...am I answering this. I too have a similar problem. My home is on a downward slope (almost flat but not enough) with 18 acres of undeveloped land behind me and our basement DOES have issues with water and we have to use "sump" (sp?) pumps during hard rain and be very very careful about any poss. mold issues occuring. This happens after a large snow melt or too much rain. FEMA did have to come out one year for the entire block of homes and there is a FEMA claim for us too so there is no hiding it....I know for a fact...if I did not disclose this I am, and SHOULD be held liable.

Our mistake was in building our own home and not grading properly. I also know I am doomed to this house indefintely because of it.

ALSO...Is that property in a flood zone? If so...the buyer WAS aware :-) small chance but STILL! Believe me you would know if it is in a flood zone. There would be additional flood insurance required by the lender, noted in the appraisal etc...etc...

[OnceUponATime]

OP, please listen to what seniorjudge is asking. The new owner must prove damages of some sort. Others on this thread are not providing advice from a legal prospective and only confusing the matter.

[tracybuffalo]

on our discloser paper there was a question on it that said
has there been previous damage(water) to the basement or crawl space and i said no,because there has not been no mold our standing water ,we had no problems in our crawl space but when it rained the sump pump would run alot,and our land is low there was standing water when it rained alot but always went away we always has a pretty yard and grass grew so it was neaver a problem for me(standing water)it didnt create any healt issues to me or damage to the house the standing water is away from the house,also our neighbors of that house has the same problem,so i didnt lie on the discloser ,because there was no damage to the house,now there wasnt a box for water stands in the yard wehn there is heavy rain

[HomeGuru]

Originally Posted by tracybuffalo

on our discloser paper there was a question on it that said
has there been previous damage(water) to the basement or crawl space and i said no,because there has not been no mold our standing water ,we had no problems in our crawl space but when it rained the sump pump would run alot,and our land is low there was standing water when it rained alot but always went away we always has a pretty yard and grass grew so it was neaver a problem for me(standing water)it didnt create any healt issues to me or damage to the house the standing water is away from the house,also our neighbors of that house has the same problem,so i didnt lie on the discloser ,because there was no damage to the house,now there wasnt a box for water stands in the yard wehn there is heavy rain

**A: I can see half the problem. It's your spelling and grammar.