Disclosures vs As-is

[topfrog237]

A hopefully quick question. State of Idaho if it matters.

We have been in our new to us house almost 10 months. We have an issue with drainage, specifically the driveway has no pitch, backs up to the house and follows the path of least resistance to somewhere under the slab. We found the house in the winter so ice and snow covered everything up. Now we know, the fix is demolition, compaction, re-pour on a grade, yada, yada, yada.

I have had a conversation with the seller and they confirmed they had problems and knew about said problems but just lived with it, so they knew. Nothing on the disclosure about drainage, water issues etc. Specifically stated no drainage issues.

Finally getting to the main question. During the initial negotiations the final counter from the seller included as-is language. So does the sellers counter of as is trump the disclosures? Or is the as is agreement we agreed to based on the disclosures?

It's about a $20K fix so depending on what I hear we will be following up with legal council.

Any insight would be greatly appreciated. Thank you

 

[FlyingRon]

The state very much does matter. The disclosure requirements vary widely with the state.

Real estate is by default sold as-is. Claiming as-is doesn't trump required disclosures. There are a few exceptions, foreclosures and other REO type things, inherited property, etc... but if the owner occupant had been living there and was aware of the problem, they were required to disclose it. Unlike other states that have a rather freeform and unspecified disclosure process, Idaho has a very specific (down to having a form) which specifically includes drainage and water intrusion issues. Lying and answering NO or DON'T KNOW is not proper. I'd be talking to an attorney.

 

[STEPHAN]

I would consult a lawyer.

 

[topfrog237]

Thanks for the replies. This is pretty much what I thought but it seemed like a good idea to get another opinion before I get myself all worked up.

Thank you.