Seller lied on disclosure

What is the name of your state? Texas

we purchased our home about 1-1/2 years ago. almost immediately we found a plumbing leak, and a roof leak, neither of which were on the disclosure. we just decided to suck it up and make the repairs. we have since discovered termites. while the pest inspector was there, he found a sticker in the cabinet showing that the property had been treated for termites in the past. the previous owner had not mentioned this on the disclosure either. i was wondering if there was any recourse for us. although the termites are probably new ones (we had an inspection prior to closing), do they have any liability for lying on the disclosure?

thanks

[HomeGuru]

Originally posted by Rick0355
What is the name of your state? Texas

we purchased our home about 1-1/2 years ago. almost immediately we found a plumbing leak, and a roof leak, neither of which were on the disclosure. we just decided to suck it up and make the repairs. we have since discovered termites. while the pest inspector was there, he found a sticker in the cabinet showing that the property had been treated for termites in the past. the previous owner had not mentioned this on the disclosure either. i was wondering if there was any recourse for us. although the termites are probably new ones (we had an inspection prior to closing), do they have any liability for lying on the disclosure?

thanks

**A: there is liabilty on the part of the Seller for improper disclosure but you also were supposed to complete due diligence prior to closing ie. get a home and termite inspection, review building permit information etc. Did you do these things?

thanks for the reply. we did get the home inspected, and also got a termite inspection. the results were satisfactory on both. the home inspector was obviously an idiot for not catching these things, and we didn't catch them either. like i mentioned previously, we decided to just eat the cost of the other repairs, being that i come from the "buyer beware" school of thought. that said, the real nut of the question is this: the seller lied on the disclosure, and i can prove it (about the previous termite treatment). is there a consequence for lying on the disclosure?

[HomeGuru]

Originally posted by Rick0355
thanks for the reply. we did get the home inspected, and also got a termite inspection. the results were satisfactory on both. the home inspector was obviously an idiot for not catching these things, and we didn't catch them either. like i mentioned previously, we decided to just eat the cost of the other repairs, being that i come from the "buyer beware" school of thought. that said, the real nut of the question is this: the seller lied on the disclosure, and i can prove it (about the previous termite treatment). is there a consequence for lying on the disclosure?

**A: if you want to go after the Seller, hire a real estate attorney that specializes in Seller disclosure litigation.

[Souix]

my advice is you had better hurry if you are going to file a lawsuit. I don't know what the SOL in Texas is but in my state its 2 years from the date of discovery.

Also on your Disclosures, what does it say about the roof, termites and plumbing? Our's says, "Does the roof leak or has it ever leaked." If the seller said "no" then maybe it did not at the time he signed it. If your inspector didn't catch it, how are you going to prove it?

i know there's not much i can do about the roof leak, or the plumbing. our disclosure is worded similarly to yours, but you're right, there's probably no way to prove that they knew about it, even though i'm sure they did. the termite treatment, however, i absolutely can prove. my feeling is that these people are jerks, that they are pathetic liars, and if i can get some money out of them or even make 'em squirm, it may be worth it. i've spent over $2500 fixing stuff that was not disclosed, and i'm about to spend another $1200 or so on this termite treatment. it's just one thing after another, and i want to take the mothers down. thanks again.

[Souix]

Originally posted by Rick0355
i know there's not much i can do about the roof leak, or the plumbing. our disclosure is worded similarly to yours, but you're right, there's probably no way to prove that they knew about it, even though i'm sure they did. the termite treatment, however, i absolutely can prove. my feeling is that these people are jerks, that they are pathetic liars, and if i can get some money out of them or even make 'em squirm, it may be worth it. i've spent over $2500 fixing stuff that was not disclosed, and i'm about to spend another $1200 or so on this termite treatment. it's just one thing after another, and i want to take the mothers down. thanks again.

**You said that your inspector found a sticker indicating that the home had been treated for termites in the past. If your termite inspector found no evidence of termites during your inspection, then I am afraid treatment will be your resonsibility also. Its called homeownership and it can be expensive sometimes. Our well went dry 6 months after closing and the seller disclosed that they never had a problem with it. We had to drill a new well and it cost us well over $10,000. We never sued, we just aren't the type. It sounds like you might be in an area where termites are common, it would probably be a good investment for you to go onto some sort of yearly program with your exterminator, just to keep things under control. Good Luck!

i may not have been clear. the person who found the sticker was just at the house today (was here to check for new termite infestation). none of the original inspectors saw it, so we just believed what the sellers had put on the disclosure and went ahead and bought the place. bottom line: the sellers flat out LIED on the disclosure - and not about just the termites, but about everything else as well. i fully understand the risk of ownership (this is my 2nd home purchase), but i also believe that someone who LIES on a legal document ought to be held accountable in some way, particularly when it adversely effects those with whom they entered the contract. by the way, we do have a contract with a local pest control company, for quarterly treatments. termites, however, are not covered.

[HomeGuru]

[quote]Originally posted by Rick0355

... i absolutely can prove. my feeling is that these people are jerks, that they are pathetic liars, and if i can get some money out of them or even make 'em squirm, it may be worth it. i've spent over $2500 fixing stuff that was not disclosed, and i'm about to spend another $1200 or so on this termite treatment. it's just one thing after another, and i want to take the mothers down. thanks again.

**A: then hire the best real estate litigation attorney you can find, write a retainer check for $10,000 and watch the fireworks.

If there isn't a consumer group for buyers who get ripped off by deceitful sellers, I propose we start one. Just the member of this forum would seem to be numbers enough to start a small revolution.

[HomeGuru]

I thought the Beatles started a Revolution.

signed,
Lady Madonna

If there isn't a consumer group for buyers who get ripped off by deceitful sellers, I propose we start one. Just the member of this forum would seem to be numbers enough to start a small revolution.

[HomeGuru]

Let It Be.

Sorry, don't know what caused that "revolution" post to pop up twice. Mea culpa.

We All Live in a Yellow Submarine

[HomeGuru]

Ticket To Ride.