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Seller did not disclose sinkhole

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ninetyfeet

Junior Member
What is the name of your state (only U.S. law)? Florida (Tampa/Hillsborough)

I purchased a home at the end of November and woke up this morning to a geotech firm about to drill on my property. When I went outside I found out that the previous owner had a sinkhole claim with their insurance company (different from mine now) and the insurance company was paying for the testing to be performed. The seller did not disclose any sinkhole problems, in fact, they filled out the sinkhole disclosure form and stated that there were not any problems.

I contacted my realtor who represented both myself and the seller in the transaction. He did not know of any issues or prior claims. The geotech firm also stated that the homeowner had to replace tiles in his home due to soil issues.

Do I need to contact a laywer? Insurance company? Mortgage company?

I saw on one board that I may want to suspend my mortgage payments until it is resolved but I have no idea about how to go about that to make sure it does not impact my credit. Any help or advise? What restitution can I get from the seller? I'm assuming that the title insurance does not cover these types of issues?

Any words of advice or suggestions are greatly appreciated! :(
 


Some Random Guy

Senior Member
I saw on one board that I may want to suspend my mortgage payments until it is resolved but I have no idea about how to go about that to make sure it does not impact my credit.
If you fail to make mortgage payments as agreed, then expect to have your credit trashed. Your dispute with the seller has nothing to do with the bank.

Contact a real estate attorney and discuss what your actual damages are/are expected to be. This includes additional soil testing, damages to house from sinkhole not disclosed in sales agreement, landscaping damage due to ongoing testing and diminished value of the property.

As for the sinkhole disclosure form - did it say there had never been any sinkholes or that there were no current sinkhole problems?
 

ninetyfeet

Junior Member
He lied on his sinkhole disclosure form

The disclosure said that there were not any issues NOR any claims. The last of which was false as the geotech guys confirmed there was an insurance claim which is why they were there.

I wasn't suggesting that I was going to stop, just that I had seen a comment about it somewhere and wanted to check the validity.

My biggest concern is how to get money out of the seller as I'm not sure any type of insurance claim covers this issue. His home owners is now not liable. My home owners will have an issue (I'm guessing) as it was not disclosed. I'm not sure how much cash he has available to pay for the testing, repairs, and any other costs associated with this in addition to lawyer fees (or would I be responsible for those?)

Argh!:mad:
 

HomeGuru

Senior Member
The disclosure said that there were not any issues NOR any claims. The last of which was false as the geotech guys confirmed there was an insurance claim which is why they were there.

I wasn't suggesting that I was going to stop, just that I had seen a comment about it somewhere and wanted to check the validity.

My biggest concern is how to get money out of the seller as I'm not sure any type of insurance claim covers this issue. His home owners is now not liable. My home owners will have an issue (I'm guessing) as it was not disclosed. I'm not sure how much cash he has available to pay for the testing, repairs, and any other costs associated with this in addition to lawyer fees (or would I be responsible for those?)

Argh!:mad:



**A: continue paying your mortgage and hire an attorney.
 

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