What do sellers have to disclose?

[mspkelley]

What is the name of your state? TX

We just bought a house from the original owners. We did have the house inspected both by a general inspector and structural engineer. The first day we noticed that the pool was leaking about 1" water a day. Nine days later, a hot water line leak under the slab was detected since it flooded the house. The plumber that fixed the leak believes that the leak had been there for some time due to the size of the hole in the pipe, mud washout, and the fact that the water was forced upwards. After pulling up the carpet we have found 7 patches in the slab in the general area of this leak. We questioned the neighbors behind us about water in their backyard and one told us that they bought their house 1 year ago and have had problems since day one with water. Another neighbor up the street told us that he frequently saw water draining from french drains when there had been no rain. Did the seller's need to disclose the patches in the foundation? Can't figure out what is required by the code. The pool, I'm certain, they did now about. Thanks!

[HomeGuru]

Originally Posted by mspkelley

What is the name of your state? TX

We just bought a house from the original owners. We did have the house inspected both by a general inspector and structural engineer. The first day we noticed that the pool was leaking about 1" water a day. Nine days later, a hot water line leak under the slab was detected since it flooded the house. The plumber that fixed the leak believes that the leak had been there for some time due to the size of the hole in the pipe, mud washout, and the fact that the water was forced upwards. After pulling up the carpet we have found 7 patches in the slab in the general area of this leak. We questioned the neighbors behind us about water in their backyard and one told us that they bought their house 1 year ago and have had problems since day one with water. Another neighbor up the street told us that he frequently saw water draining from french drains when there had been no rain. Did the seller's need to disclose the patches in the foundation?

**A: yes and any other information related to any and all defects and conditions, past and present.
***********

Can't figure out what is required by the code. The pool, I'm certain, they did now about. Thanks!

**A: why can't you figure it out? Did you not use a Realtor? The building code is a separate issue. State law requires seller disclosure, not municipal codes. Read the law.

[mspkelley]

My agent and her broker told me that the patches were not foundation repairs and that previous problems that were rectified did not have to be disclosed per se. This did not seem right to me since these repairs were major. I understand that if a toilet leaked sometime ago and it was fixed but patches in a foundation? As for the law, I have read. It doesn't clearly state what needs to be disclosed. It asks if everything is in working condition. It then asks if there had been previous foundation repairs (which they tell me this isn't), previous roof repairs, and any other structural repairs. I guess my question is are the patches foundation repairs, other structural repairs, or neither? Thanks!

[HomeGuru]

Originally Posted by mspkelley

My agent and her broker told me that the patches were not foundation repairs and that previous problems that were rectified did not have to be disclosed per se. This did not seem right to me since these repairs were major. I understand that if a toilet leaked sometime ago and it was fixed but patches in a foundation? As for the law, I have read. It doesn't clearly state what needs to be disclosed. It asks if everything is in working condition. It then asks if there had been previous foundation repairs (which they tell me this isn't), previous roof repairs, and any other structural repairs. I guess my question is are the patches foundation repairs, other structural repairs, or neither? Thanks!

**A: your agent and her broker are idiots. What did the engineer say about the foundation patches?

[mspkelley]

The foundation patches were underneath the carpet and not inspected. We haven't had a structural engineer reinspect because we still have not been able to determine the source of the pool leak. After all leaks have been fixed we were going to have it inspected again to see if any damage was done to the foundation due to all of the water.

[HomeGuru]

Originally Posted by mspkelley

The foundation patches were underneath the carpet and not inspected. We haven't had a structural engineer reinspect because we still have not been able to determine the source of the pool leak. After all leaks have been fixed we were going to have it inspected again to see if any damage was done to the foundation due to all of the water.

**A: ok, good luck.

[ktee233]

What is the responsibility of an inspector? Didn't you hire them for a reason? The two homes I've sold were inspected and they took everything apart and got under the house to inspect cracks and/or any other problem with the foundation. Find out their liability.

[BradleyS]

In reading the requirement of Texas Law on Disclosure.....

Texas Law......

[url]http://www.trec.state.tx.us/pdf/articles/trec/5008.pdf[/url]

Page 2....Section 3......

The Seller must disclose "any structual or roof repair."

My agent and her broker told me that the patches were not foundation repairs and that previous problems that were rectified did not have to be disclosed per se.

Yes...I agree with HG**************your agent is an IDIOT. Maybe you can show your agent the LAW in Texas.....

Sue the Seller and the Agent!!!!