Disclosure & Moral Fraud

[Tsp]

We recently relocated (MI) and purchased our home (end of June '00) from a respected person in this new community. The disclosure from the broker stated there were no infestations and listed serveral types of insects, including carpenter ants. When looking at the house and on final inspection, we saw no sign of ants. Shortly after moving in (days), we started to see a few every day (2-6). Usually they showed up in the kitchen, or late in the day they showed in the living room. In early Aug.'00, it was like a horror movie. The carpenter ant (with wood in their mandibles) poored from under the window sill in our kitchen. The counter was black with ants. They were across the floor - on the ceiling. It happened to be the Sunday prior to our scheduled visit from the pest control. My husband, pushed me out of the house and killed and cleaned up ants for close to 3 hours. I called on Monday and the pest control came out early. He looked for signs of a nest, but couldn't find anything from the outside. He sprayed and left, saying because of the poison, it may get worse before it gets better because whereever they were coming from, the poison would drive them out. So I put up with another big invasion and then it started to taper off to about 10-12 ants per day. Now the end of Aug.'00, only about 4 weeks later and on a weekend again, we got it worse. Winged giant carpenter ants, baby carpenter ants, regular carpenter ants just invaded the place. It was like a swarm. They were dropping off the ceiling into our hair. I got the kids out of the house to the yard. Mind you we relocated 150 miles away from any family or friends, to a rural area where we have no place to go expect the town store. It was horrible. I didn't want any poison spread around the kitchen sink/counter again, so I put down dish soap and it seem to kill them, but we were left with dead ant bodies on my counter and floor. It didn't stop them from coming in, only from continuing on, so then they migrated up to the second floor dormer (my computer room). Again, dropping on my head. If its a hard surface, like the counter or my desk, you can hear them when they drop or when they are scraping their mandibles while searching. I called the pest control and said you have to put something inside of the walls. I called the broker's office to have them contact the owner to see what was used prior so there would be no crossing of poisons. The broker didn't call me, but instead gave the previous owner my phone number and he called me to apologize. I didn't know what to say, but he did say there was a previous problem in the attached garage with rotted wood and an infestation also in the house upstairs where the computer room is where there had water damage, etc., etc. He said that is why they had the roof redone in '91, but he thought would have taken care of IT?? I said we would have to take out the window or a part of the wall to be able to see where they were. He then said we shouldn't have to do all that, why not just remove the dishwasher. I wonder if that is what they had done (when we moved in the dishwasher looked liked it was installed crooked. The previous owner said it had to be installed that way when they had the kitchen all redone. Also they paid huge money to have the whole kitchen redone, nice new cabinets, etc. wouldn't they have replace water damaged wood and drywall at that time?) When the pest control came, we removed a portion of the exterior wall under the kitchen window. Bingo, a colony of carpenter ants. Barn size boards full of holes, ant-waste knee deep, dead ants, live ants, silver fish and water damage. They were in the wood, the insulation, everywhere. We took pictures and the pest control guy sprayed and wrote up an inspection report. He said that this looked like it had been there for a long period (years) of time. It was established and may have grown so large the colony split and a more colonies probably existed in other parts of the walls. I am in the process of getting contractor's estimates on the cost of repairing and replacing the damaged wood, drywall, insulation, siding, etc.

What are my legal remedies in a situtation like this. The broker has confirmed my paperwork in where it said that he put NONE on the disclosure under infestations, as well as, water damage -- which also exists and he admitted to!! We have had to eat breakfast, lunch and dinner out for almost a month. We wake up in the night to find ants on us. There is a portion of my house that is removed and covered in plastic that looks like a living science experiment.

Should I let the broker handle this and see what the previous owner will pay, or should I go straight to a lawyer. The previous owner is a well-loved college professor in the area and I don't know that we could even find anyone to represent us.

How much $-wise can he be responsible for?
Also, how can we sell this house now, we would have to claim infestation, even after it's fixed. We'll never be able to sell it. Does his fraud cancel the original contract. Can the law make him buy the house back and pay us for our expenses?
Thank you for any information.

[This message has been edited by Tsp (edited September 04, 2000).]

[This message has been edited by Tsp (edited September 04, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tsp:
We recently relocated (MI) and purchased our home (end of June '00) from a respected person in this new community. The disclosure from the broker stated there were no infestations and listed serveral types of insects, including carpenter ants. When looking at the house and on final inspection, we saw no sign of ants. Shortly after moving in (days), we started to see a few every day (2-6). Usually they showed up in the kitchen, or late in the day they showed in the living room. In early Aug.'00, it was like a horror movie. The carpenter ant (with wood in their mandibles) poored from under the window sill in our kitchen. The counter was black with ants. They were across the floor - on the ceiling. It happened to be the Sunday prior to our scheduled visit from the pest control. My husband, pushed me out of the house and killed and cleaned up ants for close to 3 hours. I called on Monday and the pest control came out early. He looked for signs of a nest, but couldn't find anything from the outside. He sprayed and left, saying because of the poison, it may get worse before it gets better because whereever they were coming from, the poison would drive them out. So I put up with another big invasion and then it started to taper off to about 10-12 ants per day. Now the end of Aug.'00, only about 4 weeks later and on a weekend again, we got it worse. Winged giant carpenter ants, baby carpenter ants, regular carpenter ants just invaded the place. It was like a swarm. They were dropping off the ceiling into our hair. I got the kids out of the house to the yard. Mind you we relocated 150 miles away from any family or friends, to a rural area where we have no place to go expect the town store. It was horrible. I didn't want any poison spread around the kitchen sink/counter again, so I put down dish soap and it seem to kill them, but we were left with dead ant bodies on my counter and floor. It didn't stop them from coming in, only from continuing on, so then they migrated up to the second floor dormer (my computer room). Again, dropping on my head. If its a hard surface, like the counter or my desk, you can hear them when they drop or when they are scraping their mandibles while searching. I called the pest control and said you have to put something inside of the walls. I called the broker's office to have them contact the owner to see what was used prior so there would be no crossing of poisons. The broker didn't call me, but instead gave the previous owner my phone number and he called me to apologize. I didn't know what to say, but he did say there was a previous problem in the attached garage with rotted wood and an infestation also in the house upstairs where the computer room is where there had water damage, etc., etc. He said that is why they had the roof redone in '91, but he thought would have taken care of IT?? I said we would have to take out the window or a part of the wall to be able to see where they were. He then said we shouldn't have to do all that, why not just remove the dishwasher. I wonder if that is what they had done (when we moved in the dishwasher looked liked it was installed crooked. The previous owner said it had to be installed that way when they had the kitchen all redone. Also they paid huge money to have the whole kitchen redone, nice new cabinets, etc. wouldn't they have replace water damaged wood and drywall at that time?) When the pest control came, we removed a portion of the exterior wall under the kitchen window. Bingo, a colony of carpenter ants. Barn size boards full of holes, ant-waste knee deep, dead ants, live ants, silver fish and water damage. They were in the wood, the insulation, everywhere. We took pictures and the pest control guy sprayed and wrote up an inspection report. He said that this looked like it had been there for a long period (years) of time. It was established and may have grown so large the colony split and a more colonies probably existed in other parts of the walls. I am in the process of getting contractor's estimates on the cost of repairing and replacing the damaged wood, drywall, insulation, siding, etc.

What are my legal remedies in a situtation like this. The broker has confirmed my paperwork in where it said that he put NONE on the disclosure under infestations, as well as, water damage -- which also exists and he admitted to!! We have had to eat breakfast, lunch and dinner out for almost a month. We wake up in the night to find ants on us. There is a portion of my house that is removed and covered in plastic that looks like a living science experiment.

Should I let the broker handle this and see what the previous owner will pay, or should I go straight to a lawyer. The previous owner is a well-loved college professor in the area and I don't know that we could even find anyone to represent us.

How much $-wise can he be responsible for?
Also, how can we sell this house now, we would have to claim infestation, even after it's fixed. We'll never be able to sell it. Does his fraud cancel the original contract. Can the law make him buy the house back and pay us for our expenses?
Thank you for any information.

[This message has been edited by Tsp (edited September 04, 2000).]

[This message has been edited by Tsp (edited September 04, 2000).]<HR></BLOCKQUOTE>

This is a case of misrepresentation and nondisclosure of material facts on the part of the Seller. He should be responsible to pay for the cost of extermination and repair of all the damage caused by the ants. Give the broker the courtesy of seeing if the problem can be resolved but give a deadline. Say that if the problem is not resolved in 30 days you will be forced to hire an attorney. I do not want to downplay your situation but the problem is not that bad such that the entire home is unliveable and must be condemned. I see it as a benefit to you that this Seller is well-known and well-loved. Because the bigger thay are the harder they fall. Use this to your advantage. If he does not want to settle, does he want his good reputation soiled. Would he want the entire town to know that he is not what he seems. He is not the well-educated, well-respected professor that everyone thinks but instead an outright fake and fraud. A millenium Dr Jeckyl and Mr. Hyde. He's no Harry Potter.

You can still sell your home but must disclose the problems. Once everything is fixed and there are no ants, the home would still be marketable. I am not sure what the law is in your state with respect to recission of the contract. You would need to talk to a local real estate attorney for the details.

I hope this professor does not teach real estate although he sounds like he could be a castaway on Gilligans Island. He is 2 coconuts short of a palm tree.

 

[Tsp]

Thank you so much for your suggestions. That is basically what we're doing (using the broker as the go-between, w/a deadline). We let them know that if we can't resolve it within 30 days, or if the seller is limiting the dollar amount to an unreasonable amount that that doesn't come close to covering it, than we would have to seek legal remedies in court.

Although you are not down playing my plight and believe the house to be mostly liveable, please consider the fact that it is a 2,000 sq.ft. home most of which is covered in wood, with an interior of mostly knotty pine, it sits in a beautiful setting of many, many trees as well as bushes, and the ants seem to enjoy the kitchen, bathroom, bedrooms & falling on you night and day from the ceiling. You have an open invite to be our house sitter while we wait for this to be resolved.

Anywho, thank you for confirming that we are going about this a logical fashion!!

Tsp. (Oh, you can igore my email to inspect@aloha -- I was in a hurry for an answer).

[This message has been edited by Tsp (edited September 04, 2000).]