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Old 08-12-2007, 07:37 PM
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Join Date: Aug 2007
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Seller misrepresented on land contract


What is the name of your state? Indiana
We recently signed a land contract on a home in Indiana. We did not have a home inspection and have not recieved any disclosure forms. After signing we spoke with our new nieghbors who informed us that our well should be tested because the previous tenants left because that water was bad and the owner would not do anything about it.(The home was a rental prior to our contract) They also knew exactly where the roof leaked which the seller had told us the roof was good. After having the well tested it is in fact contaminated and failed the test standards set by Indiana Health Dept. Question being, does this void the contract? Can a property be sold with a tainted well in Indiana? The contract is "as is" with no disclosure forms other than lead paint disclosure. Our point is, if the 75 year old neighbors next door knew the roof and well were bad how could the seller/landlord not know? We also have leaking sewer pipes in the crawl space amoung a multitude of other major problems with the house. Being 1st time buyers we're learning a hard lesson here. Any advise is appreciated. Thanks
  #2  
Old 08-12-2007, 07:58 PM
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Quote:
Originally Posted by AlCaponent View Post
The contract is "as is"
I may be reaching here...but I think that sums it up...
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  #3  
Old 08-13-2007, 12:21 PM
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Location: Catatonic State
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Quote:
Originally Posted by AlCaponent View Post
What is the name of your state? Indiana
We recently signed a land contract on a home in Indiana. We did not have a home inspection and have not recieved any disclosure forms.

**A: that's your second mistake.

**************
After signing we spoke with our new nieghbors who informed us that our well should be tested because the previous tenants left because that water was bad and the owner would not do anything about it.(The home was a rental prior to our contract) They also knew exactly where the roof leaked which the seller had told us the roof was good. After having the well tested it is in fact contaminated and failed the test standards set by Indiana Health Dept. Question being, does this void the contract?

**A: it very well could be if you file a claim to rescind the contract and it prevails.
**************
Can a property be sold with a tainted well in Indiana?


**A: yes,
*************
with no disclosure forms other than lead paint disclosure. Our point is, if the 75 year old neighbors next door knew the roof and well were bad how could the seller/landlord not know? We also have leaking sewer pipes in the crawl space amoung a multitude of other major problems with the house. Being 1st time buyers we're learning a hard lesson here. Any advise is appreciated. Thanks

**A: where is your Realtor in all of this?
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