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Disclosed leaky basement

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saysjon12

Junior Member
What is the name of your state?What is the name of your state? Pennsylvania
We owned our home 9 years and never had a drop of water in out basement untill we had a new asphalt driveway installed. That is when our problems started. The contractor told us once it is sealed it should stop all the leaks. So after a long winter it was sealed this spring. We descided to sell our home and disclosed the fact that the basement was damp, and that it leaked with prolonged heavy rains. Well a week after settlement we had a hugh downpour and the basement leaked. Now they want a financial settlement. We sold the home to attorny's. The buyers or their agent, or our agent for that matter never asked us any questions regarding the disclosed basement problems. They had a home inspection. They also had a chimney inspection that found a crack in the chimney, which we paid for to be fixed. I believe it is leaking from their also. They signed the disclosures. Now they are asking for us to pay for or split the cost of having the whole basement waterproofed to the tune of $7.5K. I'm not trying to run from this only to find out where we stand.

My question's follow: Are we liable for this? Is the contractor liable? Is my agent or their agent liable? Are the buyers liable for not asking more questions about the problems that were disclosed? If they pursue this what is my recourse? Any help will be greatly appreciated.
 


pojo2

Senior Member
IF you disclosed as you have stated here, they do not have a case. Don't let them being Lawyers intimidate you either.

Hopefully you have all your paperwork regarding the disclosure etc.
 

PghREA

Senior Member
I agree with Pojo. They signed off on the disclosure and the home inspection.
If you disclosed this information, then they were informed and if they were concerned they should have addressed this issue during the inspection period
(first 15 days).

Since the buyer is a lawyer, I would assume that he carefully read all the paperwork.
 

HomeGuru

Senior Member
saysjon12 said:
What is the name of your state?What is the name of your state? Pennsylvania
We owned our home 9 years and never had a drop of water in out basement untill we had a new asphalt driveway installed. That is when our problems started. The contractor told us once it is sealed it should stop all the leaks. So after a long winter it was sealed this spring. We descided to sell our home and disclosed the fact that the basement was damp, and that it leaked with prolonged heavy rains. Well a week after settlement we had a hugh downpour and the basement leaked. Now they want a financial settlement. We sold the home to attorny's. The buyers or their agent, or our agent for that matter never asked us any questions regarding the disclosed basement problems. They had a home inspection. They also had a chimney inspection that found a crack in the chimney, which we paid for to be fixed. I believe it is leaking from their also. They signed the disclosures. Now they are asking for us to pay for or split the cost of having the whole basement waterproofed to the tune of $7.5K. I'm not trying to run from this only to find out where we stand.

My question's follow: Are we liable for this? Is the contractor liable? Is my agent or their agent liable? Are the buyers liable for not asking more questions about the problems that were disclosed? If they pursue this what is my recourse? Any help will be greatly appreciated.

**A:" post word for word exactly what you stated in your disclosure statement with respect to the basement conditions.
 

bstoned

Junior Member
was there an arbitration clause?

I live in Michigan. If you have a standard purchase agreement, it should contain an arbitration clause prohibiting civil litigation. If the buyers were attorney's they would be aware of the clause. In some cases, that important item is overlooked. If the lawyers show a lack of regard for the arbitration clause and proceed with a civil action, they may be sanctioned for presenting the issue to the incorrect forum.

If it were to go to arbitration, the complaining party would be required to pay a non-refundale admistrative fee prior to set up the file. As attorney's these chaps are most certainly aware of the "AS IS" term in the purchase agreement.
Hope this helps!
 

saysjon12

Junior Member
HomeGuru said:
**A:" post word for word exactly what you stated in your disclosure statement with respect to the basement conditions.
Under the SELLER'S PROPERTY DISCLOSURE STATEMENT:
Basements and Crawl Spaces: B, are you aware of any water leakage, accululation or dampness within the basement or crawl space, we answered yes. Explain: dampness when you have prolonged rains, leakage with servere prolonged rains since driveway was installed. Sealing driveway in 2 weeks will stop leak.

This is exactly what I wrote. Again, we never had a question asking about the basement. However, I don't know if my agent had any. We were under the understanding from the contractor and sealcoating company this would solve the problem.

Does any of the liability rest on the contractor and/or the real estate agents?
 

HomeGuru

Senior Member
saysjon12 said:
Under the SELLER'S PROPERTY DISCLOSURE STATEMENT:
Basements and Crawl Spaces: B, are you aware of any water leakage, accululation or dampness within the basement or crawl space, we answered yes. Explain: dampness when you have prolonged rains, leakage with servere prolonged rains since driveway was installed. Sealing driveway in 2 weeks will stop leak.

This is exactly what I wrote. Again, we never had a question asking about the basement. However, I don't know if my agent had any. We were under the understanding from the contractor and sealcoating company this would solve the problem.

Does any of the liability rest on the contractor and/or the real estate agents?
**A: you made a misleading and false statement in your disclosure upon which the Buyer accpeted to be true and put reliance on. You stated "sealing driveway in 2 weeks will stop leak" which turned out to be untrue.
You are liable for mispresentation of material facts. Why would the contractor or agents be liable? They did not give the Buyer false information.
 

saysjon12

Junior Member
HomeGuru said:
**A: you made a misleading and false statement in your disclosure upon which the Buyer accpeted to be true and put reliance on. You stated "sealing driveway in 2 weeks will stop leak" which turned out to be untrue.
You are liable for mispresentation of material facts. Why would the contractor or agents be liable? They did not give the Buyer false information.

I understand what you are saying, however, we were told by contractors sealing would stop leaks. Are they not the professionals? We went off their advise. Shouldn't the buyers or their agent have asked for more info about basement.
 
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HomeGuru

Senior Member
saysjon12 said:
I understand what you are saying, however, we were told by contractors sealing would stop leaks. Are they not the professionals?

**A: Apparently not in your case. You should have worded your disclosure statement a better way with less liability to you. EX: our contractor advised us that sealing the drivway wil stop the leaks. Here is a copy of the plans, specs, contract etc. The name of the contractor is______, license #, address and telephone numbers______. You should contact him for further information. You should hire your own waterproofing consultant to review the contractor's methods of repair.............

**********
We went off their advise. Shouldn't the buyers or their agent have asked for more info about basement.
**A: maybe, but then again the onus is on you to disclose not them to ask.
 

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