Nondisclosure of LP Siding

[uneek156]

My fiance and I recently purchased a house in Washington State. A week prior to making and offer on our home we were shown a house that had LP siding and chose to decline making and offer. We had been told by that real estate agent that LP siding has to be disclosed. When shown our house we inquired about the siding and were assured it was not LP siding by a different agent. The disclosure statement does not state LP siding nor did the appraisal. Everything in writing says it is wood. Only after a friend came over for dinner did we find out that it is indeed LP siding. We had our own real estate agent and the seller had a listing agent as well. We have since found out that a week after we made the offer on the home, the seller contacted LP requesting a packet on filing a claim in the class action lawsuit although never sent it in. Who does the responsiblity of disclosing defects fall upon when the house is listed and subsequently purchased? Also what position might the seller, or anyone else involved take when confronted with a law suit?

[This message has been edited by uneek156 (edited April 12, 2000).]

 

[Tracey]

Washington has a state-mandated real estate disclosure form that runs about 10 pages, I think. The form becomes part of the sales contract. Any false answers in the form subject the seller to a lawsuit for concealing defects. Check the form to see if siding/manufacturer/wood is asked.

If it's not asked, you have to proceed under general home sales law, which states that the seller and the agent MAY NOT lie when answering any of your questions. You can sue the seller for hiding a defect because he obviously knew about the LP siding and lied when he said it was wood. The seller will defend by saying that the siding isn't defective NOW, and was out in the open for all to see and you should have caught it. Can you see where I'm heading with this?


Hire a real estate attorney right away and start the lawsuit. You have a good argument that you'd never have bought the house if you'd known about the siding. One question is whether you get the costs of residing the house (vinyl or wood), or whether you only get the money from the class action. Obviously, you want the first measure of damages.

Interview 3-6 attorneys and hire the one you like best.


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.