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  #1  
Old 01-21-2004, 08:51 PM
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Join Date: Jan 2004
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Angry

Seller Disclosure


What is the name of your state? Arkansas

i bought a house in april of 2003, on the seller disclosure they asked about flooding grading problems, the owner answered yes but was also asked to explain, she stated there was light flooding in the NW corner of the yard my property "after extremely heavy rain" my property is 2 1/2 acres so thats a small portion of yard. 1 month later it rained pertty heavy about 1.50 inches and I had literally 3 ft of water in my yard later 2 months later i had a small stream in my yard. I also have video tape. Also i got a clearance letter from the termite inpectors and They just did not do their job I contacted the state who made them come back out to put joist under the house and let's just say it is still not right i keep contacting the state but they never call back like they say. I got and engineer out and he estimates it will cost me 20k plus to fix this, and about 3000 for the problem under my house from another termite company, what are my legal options. This is just a brief statement I won't get into my septic tank. If the house was sold as is will that be a problem also or is it seperate from the seller disclosure Please Help !
  #2  
Old 01-21-2004, 09:37 PM
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Location: Catatonic State
Posts: 75,781

Re: Seller Disclosure


Quote:
Originally posted by mrskim
What is the name of your state? Arkansas

i bought a house in april of 2003, on the seller disclosure they asked about flooding grading problems, the owner answered yes but was also asked to explain, she stated there was light flooding in the NW corner of the yard my property "after extremely heavy rain" my property is 2 1/2 acres so thats a small portion of yard. 1 month later it rained pertty heavy about 1.50 inches and I had literally 3 ft of water in my yard later 2 months later i had a small stream in my yard. I also have video tape. Also i got a clearance letter from the termite inpectors and They just did not do their job I contacted the state who made them come back out to put joist under the house and let's just say it is still not right i keep contacting the state but they never call back like they say. I got and engineer out and he estimates it will cost me 20k plus to fix this, and about 3000 for the problem under my house from another termite company, what are my legal options. This is just a brief statement I won't get into my septic tank. If the house was sold as is will that be a problem also or is it seperate from the seller disclosure Please Help !
**A: you need to consult with a real estate attorney like yesterday.
As-is and seller disclosure are 2 separate issues. What did your real estate agent have to say about all of this? You do have an agent right?
  #3  
Old 01-22-2004, 07:01 PM
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Re: Re: Seller Disclosure


Quote:
Originally posted by HomeGuru
**A: you need to consult with a real estate attorney like yesterday.
As-is and seller disclosure are 2 separate issues. What did your real estate agent have to say about all of this? You do have an agent right?
I did not think that my agent was responcible but her and her broker has not helped in anyway they are leaving it all up to me, I'm not sure if the owners agent knew but it was a lot of fish floating around it seemed they stalled on giving me my disclosure like 2 or 3 days before closing. I believe also that the termite letter was written for them just to close because after that I had to call the state out and there was still joist needing to be replaced fugus and many other things under there. wish I could talk to you, There are not many attorney that do real estate law here so I'm using one that deals with fraud, lawsuits and things of that nature. Is there anyone else out there to help will your home insurance company help or mortgage company don't someone have any obligations.. thank you for your time
  #4  
Old 01-22-2004, 10:39 PM
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Re: Re: Seller Disclosure


Quote:
Originally posted by HomeGuru
**A: you need to consult with a real estate attorney like yesterday.
As-is and seller disclosure are 2 separate issues. What did your real estate agent have to say about all of this? You do have an agent right?
qiuck question if i go to court on this what are my options
can i resale the house back to the owners how does that work will i have to reapply for a loan to buy another home, how can i collect the money from the previous owners, just give me a few options on the best course of action.
  #5  
Old 01-23-2004, 11:31 AM
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I am going to refrain from repeating myself.
  #6  
Old 01-23-2004, 11:53 AM
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Join Date: Jan 2004
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Seller disclosure


Quote:
Originally posted by HomeGuru
I am going to refrain from repeating myself.
I am not asking you to repeat yourself sorry if you took it that way but like i was saying there are not many real estate attorneys here and i was just asking for my benefit i like to know if my attorney knows what he is doing i like to have information and you can't find much of this subject online, my attorney deals with a general field. but i do appreciate your refrain from repeating yourself. Maybe if my attorney is a little slow in the caboose area i would know from your dedicated help and can seek council elsewhere again thank you for your help it is appreciated
  #7  
Old 01-23-2004, 12:03 PM
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Location: Catatonic State
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Re: Seller disclosure


Quote:
Originally posted by mrskim
I am not asking you to repeat yourself sorry if you took it that way but like i was saying there are not many real estate attorneys here and i was just asking for my benefit i like to know if my attorney knows what he is doing i like to have information and you can't find much of this subject online, my attorney deals with a general field. but i do appreciate your refrain from repeating yourself. Maybe if my attorney is a little slow in the caboose area i would know from your dedicated help and can seek council elsewhere again thank you for your help it is appreciated
**A: please post your attorney's CV and the number of real estate cases specifically involving real estate seller property condition disclosure litigation lawsuits he has been involved in, of these cases how many were representing Seller vs. Buyer and how many of these cases were prevailed in and the number of years in practice concerning real property law issues.
  #8  
Old 01-23-2004, 12:15 PM
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Re: Re: Seller disclosure


Quote:
Originally posted by HomeGuru
**A: please post your attorney's CV and the number of real estate cases specifically involving real estate seller property condition disclosure litigation lawsuits he has been involved in, of these cases how many were representing Seller vs. Buyer and how many of these cases were prevailed in and the number of years in practice concerning real property law issues.
i can tell you zero in refrence to real estate but the 3 real estate attorneys that are in my area only 3 i called had conflict of interest, i am going to call a few other attorneys since you stated this and see if any of them have any experience in these areas thanks again
  #9  
Old 01-23-2004, 12:18 PM
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Location: Catatonic State
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Ok and good luck to you.
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