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Undisclosed Home Problems

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C

CMF08

Junior Member
What is the name of your state (only U.S. law)? PA

I don't know if I'm posting this in the right forum, but my husband and I purchased a home and a paper was given to us disclosing what we thought we any problems with the home. We also had the home inspected as it's required. Starting in the summer of 09, there was a leak in the family room of our house, but hadn't had any problems with it after that one time. Now in January of 10, there have been more leaks that seem to be spreading. There is now a big leak in our dining room, and the ceiling in both rooms by the leaks is very soft. There was an addition put on the home, if I remember correctly, about 10 years ago and all of the leaks are happening at the seams of the addition. There was also another leak that it took us a while to find as it was inside of a window. We have also spotted mold in our bathroom, again at the seam of the addition. We got an all clear from the real estate agent recommended inspector, and we were also told the roof is fairly new, being put on in 1999. I did some reading as to what can be done, but I need to know for sure what, if anything can actually be done since NONE of this was disclosed to us. Thank you in advance.
 


J

JETX

Senior Member
CMF08 said:
I did some reading as to what can be done, but I need to know for sure what, if anything can actually be done since NONE of this was disclosed to us.
Click to expand...
What PROOF do you have that the previous owner knew of the leaks and failed to disclose them??
Did YOU hire an independent inspector to check the property prior to purchase??
Also, you would need to provide a timeline of when the inspection was done, sale completed, leaks noticed, etc.

Finally, on the disclosure form, what does it say under (3)(iii) and (3)(iv)??
 
C

CMF08

Junior Member
There is a line across the dining room ceiling where you can tell there were repairs made and painted over, same thing in the family room. We do have a timeline of when the leaks started and we have documentation of the inspection that was done and when the sale was completed. On the disclosure form, number 3 (c) Has the roof ever leaked during your ownership? She checked no. (d) Do you know of any problems with the roof, gutters, or downspouts? She checked no for that, also. But I have taken pictures of the leaks and of the water marks left in the family room that no one would really notice until a leak happened. The dining room is easy to tell.
 
J

JETX

Senior Member
And the UNANSWERED questions remain:
What PROOF do you have that the previous owner knew of the leaks and failed to disclose them??
Did YOU hire an independent inspector to check the property prior to purchase??
 
C

CMF08

Junior Member
As I clearly stated in my original post, there was an inspection done by a real estate agent recommended inspector. So one of your questions has been answered before you asked it. As for the other question, I don't know how she couldn't know if she's the one who had it repaired. As for the proof, of course I don't have paperwork for it if she denied it! All I have are pictures.
 
C

CraigFL

Member
CMF08 said:
As I clearly stated in my original post, there was an inspection done by a real estate agent recommended inspector. So one of your questions has been answered before you asked it. As for the other question, I don't know how she couldn't know if she's the one who had it repaired. As for the proof, of course I don't have paperwork for it if she denied it! All I have are pictures.
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Just out of curiousity, was the real estate person an agent of the buyer or seller-- determined by who paid their commission. It's been my experience that home inspectors that work with RE agents usually don't want to stimulate controversy and possibly kill a sale.

And thlast point is that leaks at additions are very common as time goes on and may not be an indication that the sellers tried to fool you.
 
J

JETX

Senior Member
CMF08 said:
As I clearly stated in my original post, there was an inspection done by a real estate agent recommended inspector. So one of your questions has been answered before you asked it.
Click to expand...

And of course, that is NOT what you said... and certainly not CLEARLY!!

Here is what you did say "my husband and I purchased a home and a paper was given to us disclosing what we thought we any problems with the home. We also had the home inspected as it's required."
You do NOT describe the 'paper'... nor do you say WHO did the 'home inspection' or what type of 'inspection' was done (yes, there are several types of 'inspection' you could be meaning.
One would be a MORTGAGE required 'appraisal' (sometimes referred to as an inspection by the ill-informed).
Or you could have had a pest inspection.
Or a 'structural' inspection.
Or a 'mechanical' inspection.
Or a 'structural AND mechanical' inspection.

"Required" by WHOM?? Again, that 'requirement' would lead a NORMAL person to believe it was REQUIRED by the lender.

Sorry, but I took mind reading 101 three times and failed it every time. Simply, I can't read your mind.... or your papers!! :confused:

As for the other question, I don't know how she couldn't know if she's the one who had it repaired.
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Interesting... the only reference to a REPAIR being made is your ASSUMPTION that "you can tell there were repairs made and painted over".
Have you had a qualified INDEPENDENT contractor or inspector look at the work and able to testify IN COURT (if needed) to that FACT??

In summary, contact the seller and try to claim that the damages were existing and their disclosure was not accurate. This will lead to one of the following:
1) They will 'confess' (unlikely) and you can start negotiating a settlement of your claim, or
2) They will say they had NO knowledge and/or are NOT liable for your claim... and you will have to either take care of it on your own and consider litigation. If you decide to litigate, you will need a lot more PROOF (independent contractor, pictures, statements, etc.) than you have now... and will likely need an attorney.

Your call as to what you are going to do.... and how much you want to spend to litigate.
 
C

CMF08

Junior Member
CraigFL said:
Just out of curiousity, was the real estate person an agent of the buyer or seller-- determined by who paid their commission. It's been my experience that home inspectors that work with RE agents usually don't want to stimulate controversy and possibly kill a sale.

And thlast point is that leaks at additions are very common as time goes on and may not be an indication that the sellers tried to fool you.
Click to expand...
Thank you. The RE agent was our (buyer) agent. I'm worried about the leaks because you can tell there were repairs done on them, but it wasn't listed on the disclosure form. I'm waiting for an attorney to call me back now, so I'll have to see what she says.
 
C

CMF08

Junior Member
JETX said:
And of course, that is NOT what you said... and certainly not CLEARLY!!

Here is what you did say "my husband and I purchased a home and a paper was given to us disclosing what we thought we any problems with the home. We also had the home inspected as it's required."
You do NOT describe the 'paper'... nor do you say WHO did the 'home inspection' or what type of 'inspection' was done (yes, there are several types of 'inspection' you could be meaning.
One would be a MORTGAGE required 'appraisal' (sometimes referred to as an inspection by the ill-informed).
Or you could have had a pest inspection.
Or a 'structural' inspection.
Or a 'mechanical' inspection.
Or a 'structural AND mechanical' inspection.

"Required" by WHOM?? Again, that 'requirement' would lead a NORMAL person to believe it was REQUIRED by the lender.

Sorry, but I took mind reading 101 three times and failed it every time. Simply, I can't read your mind.... or your papers!! :confused:


Interesting... the only reference to a REPAIR being made is your ASSUMPTION that "you can tell there were repairs made and painted over".
Have you had a qualified INDEPENDENT contractor or inspector look at the work and able to testify IN COURT (if needed) to that FACT??

In summary, contact the seller and try to claim that the damages were existing and their disclosure was not accurate. This will lead to one of the following:
1) They will 'confess' (unlikely) and you can start negotiating a settlement of your claim, or
2) They will say they had NO knowledge and/or are NOT liable for your claim... and you will have to either take care of it on your own and consider litigation. If you decide to litigate, you will need a lot more PROOF (independent contractor, pictures, statements, etc.) than you have now... and will likely need an attorney.

Your call as to what you are going to do.... and how much you want to spend to litigate.
Click to expand...
We got an all clear from the real estate agent recommended
inspector
Click to expand...
This is also what I said if you read the whole original paragraph.
 
C

CMF08

Junior Member
HomeGuru said:
**A: and what the heck does an "all clear" really mean?
Click to expand...
It means that everything checked out with the house. That there was nothing that needed immediate attention and no problems with foundation and all the other things they check. Look, I'm not trying to get into an argument with anyone on here, but it seems that everyone wants to be snarky, except for one person. If you're not going to help me or guide me to who can, then just move on to the next thread, please or don't respond at all.
 
Zigner

Zigner

Senior Member, Non-Attorney
Your "assumption" is that "repairs" were made. From my point of view, if they removed part of the house (ie: a wall) to build an addition, then of course things would have needed to be patched and painted at the interface between the two...
 
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