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Termite damage

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Mkstretch

Guest
What is the name of your state? New York
I pruchased a home that i took over on 8/7/04. When i had the home inspected the homeowner said she did have some termite damge but it was only in her outside boiler room which was repaired and treated. When i opened the walls in the living room and hallway it appeared that the wood behind the sheetrock was replaced not to long ago also the sheet rock looked alot newer too. In the hallway though i found lots of termite damage that she never told me about. This is a 1950 house and the wood and sheetrock in the livingroom look pretty new so i believe she replaced it because of termite damage. So i want to know does the cost of repairs fall back on the seller? Thanks in advance.
 


HomeGuru

Senior Member
Mkstretch said:
What is the name of your state? New York
I pruchased a home that i took over on 8/7/04. When i had the home inspected the homeowner said she did have some termite damge but it was only in her outside boiler room which was repaired and treated. When i opened the walls in the living room and hallway it appeared that the wood behind the sheetrock was replaced not to long ago also the sheet rock looked alot newer too. In the hallway though i found lots of termite damage that she never told me about. This is a 1950 house and the wood and sheetrock in the livingroom look pretty new so i believe she replaced it because of termite damage. So i want to know does the cost of repairs fall back on the seller? Thanks in advance.

**A: it may, but without reviewing the contract, disclosure statement, inspection reports etc. it would be hard to surmise.
 
M

Mkstretch

Guest
There is a $500 fee the seller paided saying she doesnt have to disclose any infomation abot the house. This is some kind of new your state non-disclosure fee, but people tell me that this non-disclosure form the seller signed doesnt hold water in court do you know or does anyone know? Thanks very much for the reply much appreciated.
 

HomeGuru

Senior Member
Mkstretch said:
There is a $500 fee the seller paided saying she doesnt have to disclose any infomation abot the house. This is some kind of new your state non-disclosure fee, but people tell me that this non-disclosure form the seller signed doesnt hold water in court do you know or does anyone know? Thanks very much for the reply much appreciated.
**A: where is your Realtor? The answers are in your contract documents.
 

JETX

Senior Member
Mkstretch said:
I pruchased a home that i took over on 8/7/04.
That is kind of a strange way to put it..... what exactly do you mean by 'you took over' the home?? Was it a normal purchase, or did you assume the house from some previous transaction??

When i had the home inspected the homeowner said she did have some termite damge but it was only in her outside boiler room which was repaired and treated.
When was this inspection?? Your post kind of implies that it may not have been a pre-purchase inspection.

There is a $500 fee the seller paided saying she doesnt have to disclose any infomation abot the house.
If that is true and if you knew about it beforehand, it would imply (at least to me), that your purchase has NO 'non-disclosure' protection..... and was an 'as is' sale. If that is correct, then you would have no recourse against the seller. Also, if you were aware of this 'claim' before purchase, your 'watch out' alarms should have been at full alert as it would indicate that there is probably something to hide in the sale.

I have reviewed the NY Real Property laws (§462 and 463) and could find no reference to exempting the seller from disclosure.... except in some very specific sales.
The applicable section can be found at:
http://assembly.state.ny.us/leg/?cl=99&a=18

With that, it is clear that you need an experienced person (realtor or attorney) to review your concerns.... and the claimed exemption.
 

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