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Seller didn't disclose

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marcze@adelphia

Junior Member
What is the name of your state? Colorado
Bought 12 yr. old house in May. 3 weeks later we had heavy rain. 5 days after rain I discovered 2" of water in garden level basement. Everything is saturated with bacteria. Everything must go...carpet, pad, baseboards, some drywall, mattresses (they were laying on the floor) and over $6000 of other personal property. Sellers checked "NO" on disclosure concerning moisture/water damage. They moved out the day after closing so I never saw the house empty. The first time I was in the house (after closing) I discovered several rust stains in both bedrooms in the basement. I immediately told my realtor about them and several other problems I found at the same time. I had a home inspection done before the closing. He said everything was "great." I think that the inspector should have seen how horrible the windows were and said something. I think my realtor should have made it abundantly clear that by letting the sellers stay in the home after closing that I would not get the chance to see the house empty or get a final walk-through. (FYI-in the contract, it was stated that the sellers would pay $300/day for each day after closing that I could not occupy my new house. I never got a thing!) AND, I believe that the sellers are responsible for all my damages and loss since I am 100% sure that they knew about the leaking windows!!! How couldn't they know?!! I'm sure it rained while they owned the house. They saw the rust stains. They opened and closed the windows in the basement at some point during their ownership. (they're so loose that they almost fall out of their frames!) Anyway, after 2 months of having their realtor tell us that she can't contact them concerning this matter because she neglected to get their new phone #, I found the number myself and insisted on a reply from them immediately. That reply was, "My clients have no idea of what they're being accused of." Give me a break!!! Do I have a case against the sellers...the inspector...my realtor? I think I have a case against all three. I have photos of the rust stains left by their furniture and possible testimony of neighbors concerning a history of water/moisture in this house. I think I have a right to be compensated for the loss, damage and time involved in the clean-up. (FYI-the basement flooded a second time while I was waiting for their response-this time my 5 sons were occupying those 2 bedrooms...what a mess!) What do you think?
 


marcze@adelphia

Junior Member
Just wanted to say that I've retained a real estate attorney and upon initial evaluation, he thinks that the sellers should settle out of court because if they don't, he believes that they will have $3-4,000 court costs to pay on top of the $18,000 in damages. He also said that we CAN hold the inspector partially responsible for the loss. He simply didn't do his job. Anyway, we've got the ball rolling. I hope my experience has helped others with similar problems. Thanks for reading.
 

JETX

Senior Member
I think your attorney is overly optimistic. You have provided a lot of "I thinks" and "maybe should haves", but not one single PROOF of anything. I hope you talked with more than one attorney and didn't just go with one that told you what you wanted to hear.
 

marcze@adelphia

Junior Member
Thanks for the advice. I have "shopped around" for an attorney, several who have told me the same thing...with the photos of the rust stains left by the seller's file cabinet and other rust stains throughout the basement and the testimony of the neighbors who had a discussion about water problems in this house, we should have a pretty strong case. And just today, I received comfirmation that the sellers tried to make a claim with their insurance company concerning water damage. I hope for their sakes, they choose to settle out of court because I'd hate to see them have to pay the court costs on top of everything else. I just want them to understand that they made a mistake and because of that I have sustained a significant financial burden that I believe they are partially responsible for. Again, thanks for your advice.
 

HomeGuru

Senior Member
marcze@adelphia said:
Thanks for the advice. I have "shopped around" for an attorney, several who have told me the same thing...with the photos of the rust stains left by the seller's file cabinet and other rust stains throughout the basement and the testimony of the neighbors who had a discussion about water problems in this house, we should have a pretty strong case. And just today, I received comfirmation that the sellers tried to make a claim with their insurance company concerning water damage. I hope for their sakes, they choose to settle out of court because I'd hate to see them have to pay the court costs on top of everything else. I just want them to understand that they made a mistake and because of that I have sustained a significant financial burden that I believe they are partially responsible for. Again, thanks for your advice.
**A: I understand so move forward.
 

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