Sellers Property Disclosure....

What is the name of your state? Kansas

Hello

I would appreciate any information and internet links on Sellers Property Disclosures.

How do they stand up in court?

If you have proof that material defects were not disclosed, is the seller liable from the disclosure?

The buyer relied on the disclosures on making the decision to purchase the property, the last know information to the buyer was in Kansas there are no set rules and regulations for home inspections therefore the buyer did not undertake any inspections on the property except termite before the purchase.

The property in question was purchased, during the initial viewing of the property, the sellers and their agent were repeatedly asked about a smell in the basement, the buyer was told on each occasion that the smell was coming from the dirt in the crawlspace.

Upon the first good rain storm after the purchase of the property it was discovered water enters not only the crawlspace but also the living and bedroom areas of the basement, rather large pools of water form on the floor during the rain.

After this the buyer of the property investigated and discovered the sellers had purchased products to try and seal the house, which has failed.

A civil engineer was engaged to view the property and he discovered the concrete floor in the basement contained a core hole. The only rational explanation for a core hole would be someone was trying to resolve a moisture problem.

Any suggestions an disclosures would be truly appreciated.

Many Thanks.

[HomeGuru]

Originally posted by Diamondsmj
What is the name of your state? Kansas

Hello

I would appreciate any information and internet links on Sellers Property Disclosures.


**A: did you have a real estate agent? If so, that is your first point of contact.

*************
How do they stand up in court?

**A: it depends on the actual circumstances and what was disclosed and how it was disclosed. Also for each condition that constitutes a material fact, whether the condition was something that the Seller knew about or should have known about.
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If you have proof that material defects were not disclosed, is the seller liable from the disclosure?

**A: the Seller would be liable for misrepresentation etc.
*******

The buyer relied on the disclosures on making the decision to purchase the property, the last know information to the buyer was in Kansas there are no set rules and regulations for home inspections therefore the buyer did not undertake any inspections on the property except termite before the purchase.

**A: on the contrary, there are industry standards for home inspections and your agent should have advised the Buyer to get these inspections. The "no set rules and regs" is not a valid excuse for not completing proper due diligence.
*********

The property in question was purchased, during the initial viewing of the property, the sellers and their agent were repeatedly asked about a smell in the basement, the buyer was told on each occasion that the smell was coming from the dirt in the crawlspace.

**A: were these statements in writing and part of the disclosure statement?
And did the Buyer hire an expert to further investigate the basement conditions?
*****

Upon the first good rain storm after the purchase of the property it was discovered water enters not only the crawlspace but also the living and bedroom areas of the basement, rather large pools of water form on the floor during the rain.

After this the buyer of the property investigated and discovered the sellers had purchased products to try and seal the house, which has failed.

A civil engineer was engaged to view the property and he discovered the concrete floor in the basement contained a core hole. The only rational explanation for a core hole would be someone was trying to resolve a moisture problem.

Any suggestions an disclosures would be truly appreciated.

Many Thanks.

**A: hire a waterproofing engineer to conduct an inspection and investigate the problem.

Hi

Thanks for your reply.

Q:did you have a real estate agent? If so, that is your first point of contact.

A: The home was seen on the internet and the buyer went to the listing agents office, from where an agent there took the buyer to view the property, this agent handled the signin of the contract and the issuing of the Property Anylis Sheet and the Disclosure.
However before the closing took place this agents employment with the real estate company had been terminated, therefore the broker who initially listed the property who also happened to be related to the sellers then took over, there was one extension to the closing and the closing was handled by this broker. Does this violate dual agency regulations in that he conducted the extension and also the closing on behalf of the seller and the buyer?

An the contrary, there are industry standards for home inspections.

Information was taken from this website regarding home inspections in Kansas:
[url]http://www.homegauge.com/buyerseller/inspectors.html?state=ks[/url]

Q:were these statements in writing and part of the disclosure statement?

These statements were verbal.

A:hire a waterproofing engineer to conduct an inspection and investigate the problem:

A contracting company was engaged however upon intensive investigation of the property it was the contractors opinion that the house must be removed from the basement and a new foundation installed, to standards he suggested and the house placed back on the foundation. This work would cost more than the 74,000 that was paid for the property. The contractor is highly regarded in the small town and surrounding areas where the property is located, they have built the court house, the retirement home, the motels, swimming pools, schools etc so are highly qualified.


One again I thank you for your time and for your reply. It is appreciated.

[HomeGuru]

[quote]Originally posted by Diamondsmj
[b]Hi

Thanks for your reply.

Q:did you have a real estate agent? If so, that is your first point of contact.

A: The home was seen on the internet and the buyer went to the listing agents office, from where an agent there took the buyer to view the property, this agent handled the signin of the contract and the issuing of the Property Anylis Sheet and the Disclosure.
However before the closing took place this agents employment with the real estate company had been terminated, therefore the broker who initially listed the property who also happened to be related to the sellers then took over, there was one extension to the closing and the closing was handled by this broker. Does this violate dual agency regulations in that he conducted the extension and also the closing on behalf of the seller and the buyer?

My response: first of all, let's clarify one important issue; are you the Buyer?
If not, how are you involved in this transaction?

Now in answer to your question, no there was no violation of dual agency unless you do not have a dual agency disclosure in writing. Do you have a dual agency agreement or any other written documentation stating that there is a dual agency situation concerning this transaction? Further, the dual agency relationship is with the broker/brokerage company so the fact that the original listing agent left and the broker took over does not change the dual agency relationship between you and the broker.
#########
An the contrary, there are industry standards for home inspections.

Information was taken from this website regarding home inspections in Kansas:
[url]http://www.homegauge.com/buyerseller/inspectors.html?state=ks[/url]

My response: although there are no state or Federal laws requiring a home inspection, real estate industry standards, E&O insurance carriers and the Realtor Code of Ethics and Standards of Practice require the real estate agent to advise the Buyer client to get a home inspection. If the client declines, the real estate agent still followed the proper protocol.
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Q:were these statements in writing and part of the disclosure statement?

These statements were verbal.

My response: that is what I thought. Verbal statements in real estate are very weak. You should have gotten this in writing and as an update to the seller disclosure statement. If the information was part of the contract and agreed to, then you would have had more evidence on your side. Pursuant to the statute of frauds, all real estate contracts must be in writing to be enforceable. In many cases, the disclosure statement is not part of the actual contract, so you still have remedies against the seller for verbal misrepresentations.
#########
A:hire a waterproofing engineer to conduct an inspection and investigate the problem:

A contracting company was engaged however upon intensive investigation of the property it was the contractors opinion that the house must be removed from the basement and a new foundation installed, to standards he suggested and the house placed back on the foundation. This work would cost more than the 74,000 that was paid for the property. The contractor is highly regarded in the small town and surrounding areas where the property is located, they have built the court house, the retirement home, the motels, swimming pools, schools etc so are highly qualified.


One again I thank you for your time and for your reply. It is appreciated.

My response: get a second opinion.