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house 30 years older than disclosed

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C

chatham

Guest
What is the name of your state? Maryland

We purchased a home last April that we were told was built in 1981. We declined to have a lead test done, as lead paint was outlawed in 1978. A few weeks ago it came to our attention that the house was built in the 1950's and had tested positive for lead. Do we have a case against the realtors or the seller?
 


HomeGuru

Senior Member
chatham said:
What is the name of your state? Maryland

We purchased a home last April that we were told was built in 1981. We declined to have a lead test done, as lead paint was outlawed in 1978. A few weeks ago it came to our attention that the house was built in the 1950's and had tested positive for lead. Do we have a case against the realtors or the seller?

**A: yes and your case would especialy be strong if the Seller and the listing Realtor did not follow Federal Law and make the proper disclosures to you with respect to the lead paint. Your Realtor, if you had one, is also guilty. What was disclosed to you and were any papers given to you about lead paint.
 
C

chatham

Guest
The realtor gave us the information about lead- but also told us that since the house was built after 1978 it was probably not necessary to have the house checked. We have two young children, so I certainly would have had the house checked for lead if we had known that it was built prior to 1978. The person who told us that the house was older also told us that both the listing agent and the seller were aware of both the house's true age and the lead.

Also, shouldn't the title company have found this error with the age of the house?
 

HomeGuru

Senior Member
You should have checked with the building department and tax office to confirm the age of the home. Did you get a home inspection? If you did not pay cash, the lender would have required a real estate appraisal of the property. What age was listed on the appraisal?
You had many opportunities to discover the true age of the home prior to closing, but you failed to do your due diligence.
You refer to a third party that is providing you the info. Who is this person and how is this person related to the transaction?
 
C

chatham

Guest
We had no reason to doubt the realtor and the title company with regards to telling us the correct age of the house. Our home inspection did not test for lead.

The third party is a realtor who had had a contract in on the house prior to our buying it. She found out that the house tested positive for lead through the home inspection, let the listing agent and seller know, then the potential buyers backed out. She wanted the listing agent to put in the contract that a complete lead test had to be done. The sellers refused.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Something just doesn't "ring true" about the situation.

Do you mean to say that you couldn't tell the difference between a home built in the 50's versus the 80's ? Also, how did you discover that the house was, in fact, built in the 50's? Are you sure that the house was not simply rebuilt on the same piece of land, or are you sure it's the same structure?

There should be a difference in style. Also, on the sidewalk corner, there should be a "contractor's impression" stamped into the cement stating when the homes and sidewalk were built.

IAAL
 
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JETX

Senior Member
Woo, sounds like someone (client AND attorney) are going to have a GREAT case against the seller AND the agent(s)!!

Back up the money-truck!!
 
C

chatham

Guest
to "IAAL"-
No, we couldn't tell the difference in age. The house that we bought is a simple beach cottage that has probably always been a rental. Plus, it had been remodeled on the interior two years ago.

There was a discrepency in the mailing address, so we called the City and found out that this house was built in the 50's.
 

HomeGuru

Senior Member
chatham said:
We had no reason to doubt the realtor and the title company with regards to telling us the correct age of the house. Our home inspection did not test for lead.

**A: many times the Buyer tells the hoem inspector the age of the home. Based on this info the home inspector may uncover tell-tale signs that the age of the home is actually much older ie. type of design or foundation/framing construction as noted from the crawlspace or attic, coroded galvanized plumbing piping, knob and tube electrical wiring, type of roofing shingles etc.
****************

The third party is a realtor who had had a contract in on the house prior to our buying it. She found out that the house tested positive for lead through the home inspection, let the listing agent and seller know, then the potential buyers backed out. She wanted the listing agent to put in the contract that a complete lead test had to be done. The sellers refused.

**A: this would beone of your best witnesses.
 

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