Seller lied about age of home

[cowboy96b]

I bought a home in Virginia in August of 2006. The MLS sheet listed 1988 as the date built, I just found out it was built in the second half of 1984. What recourse do I have? Should my realtor, attorney, home inspector, title insurer, etc have found out about the discrepancy before closing?

[JETX]

Originally Posted by cowboy96b

What recourse do I have?

Your recourse is to stamp your feet and hold your breath until someone comes by and slaps you.

should my realtor, attorney, home inspector, title insurer, etc have found out about the discrepancy before closing?

Yes, one of them should have.... but they didn't. If you want to spend several thousand dollars in legal fees and over a year in court, you can have a court tell you as I am.... you have NO damages.

[nextwife]

The title insurance is unaffected by whether it was built in 1984 or 1988 - it is irrelevant what the house age is. The title insurance does not insure structures, per se.

Records can be problematic, as the permit may have been pulled in 84, and constructed over a period of time.

[CraigFL]

Usually, things placed in the property listing by the realtor are not stated as fact and must be verified by the buyer or words to that effect. I can think of several things that become important as to when the home was built though. Here in FL for example, the year your home was built will affect your property insurance because certain types of hurricane protection were mandated during the construction process for certain years. Also there have been several significant problems with homes built during certain periods with things like aluminum wire(can be fire hazard) and a certain gray plastic pipe that ages and leaks. Hopefully, your home inspection would have caught things like this.

[nextwife]

Originally Posted by CraigFL

Usually, things placed in the property listing by the realtor are not stated as fact and must be verified by the buyer or words to that effect. I can think of several things that become important as to when the home was built though. Here in FL for example, the year your home was built will affect your property insurance because certain types of hurricane protection were mandated during the construction process for certain years. Also there have been several significant problems with homes built during certain periods with things like aluminum wire(can be fire hazard) and a certain gray plastic pipe that ages and leaks. Hopefully, your home inspection would have caught things like this.

My husband had a 1930's built house in SE FL that weathered many hurricanes very, very well. Even the large tall masonry fireplace remained undamaged, while NEWER properties nearby WERE damaged. Newer isn't always better. I have a 1951 built (stone) home and it's built like a tank.

[HomeGuru]

Originally Posted by cowboy96b

I bought a home in Virginia in August of 2006. The MLS sheet listed 1988 as the date built, I just found out it was built in the second half of 1984. What recourse do I have? Should my realtor, attorney, home inspector, title insurer, etc have found out about the discrepancy before closing?

**A: if you conducted due dilgence by researching building permit records, looking at the appraisal etc. the age of the home could have been discovered. It is your job to do that, not the people you mentioned.

[noisefrazzle]

Originally Posted by JETX

Your recourse is to stamp your feet and hold your breath until someone comes by and slaps you.

Hee! This is my favorite quote of the week.

[cowboy96b]

Originally Posted by HomeGuru

**A: if you conducted due dilgence by researching building permit records, looking at the appraisal etc. the age of the home could have been discovered. It is your job to do that, not the people you mentioned.

I didn't check building records, but I did check the appraisal (done by a VA-approved appraiser) and the home inspector's report. Both came up with 1988 as the built date. What sources are considered acceptable for them to use when determining age?

[Zigner]

How did you "find out" that it was built in '84?

[cowboy96b]

I started replacing the existing siding, and it was date-stamped June 1984. (the age of the siding has been verified by the manufacturer). That led me to my county building records office. They no longer have the building permits, but they had a certificate of occupancy dated Feb 14, 1985. Based on the siding date, the CO, and conversations with the county building people, I figure it was built in the second half of 1984. Certainly nowhere near 1988.

[nextwife]

Ummm, you ARE aware the siding could have been sitting in a warehouse for two years? The age of components is NOT automatically the age of the structure.

Additionally, the sellers could have themselves believed that the year they stated WAS the year of construction and not "lied". Only been themselves misinfomed.

[cowboy96b]

Originally Posted by nextwife

Ummm, you ARE aware the siding could have been sitting in a warehouse for two years? The age of components is NOT automatically the age of the structure. My mom's condo had furnace/AC units that were three years older than the building. And I KNOW the building was not built the year of the age of manufacture of the furnace because I saw the place under construction.

Your warehouse scenario is initially what I thought was the case with my siding, since I was convinced the build date was 1988. That's why I checked the certificate of occupancy. Since the CO is dated Feb 14, 1985, the siding date is nearly irrelevant--it just cued me to do further research. The CO undeniably shows the house was completed no later than the first weeks of 1985.

[anteater]

Originally Posted by cowboy96b

Your warehouse scenario is initially what I thought was the case with my siding, since I was convinced the build date was 1988. That's why I checked the certificate of occupancy. Since the CO is dated Feb 14, 1985, the siding date is nearly irrelevant--it just cued me to do further research. The CO undeniably shows the house was completed no later than the first weeks of 1985.

As was asked and not answered by you before: what are your damages?

[PghREA]

If the Sellers were trying to pass off a house built in 1908 as being built in 1988, than I can see where there might be a problem. But really, how much difference is there between 1984 and 1988? It is not like the house is going to try to get into a bar or vote.

[nextwife]

Originally Posted by PghREA

If the Sellers were trying to pass off a house built in 1908 as being built in 1988, than I can see where there might be a problem. But really, how much difference is there between 1984 and 1988? It is not like the house is going to try to get into a bar or vote.

Ands it's not like it's going to affect any new construction warranties- it's too far out from construction even if built in 1990