dslreports logo
HarryH3
Premium Member
join:2005-02-21

HarryH3 to underthehood

Premium Member

to underthehood

Re: Purchasing a Home with Undisclosed information

Uhh, the disclosure questionnaires that I've read didn't let you off the hook for fixing problems. They were worded more to the effect "Has this home ever had water damage?" It doesn't say "Answer no if you cleaned up the mess".

cbcalhoun
Premium Member
join:2000-09-04
Newark, OH

1 edit

cbcalhoun

Premium Member

said by HarryH3:

Uhh, the disclosure questionnaires that I've read didn't let you off the hook for fixing problems. They were worded more to the effect "Has this home ever had water damage?" It doesn't say "Answer no if you cleaned up the mess".
This is right on in regards to how the disclosure is worded.
said by nunya:

After all that, if you still have your heart set on the property... remember, this is a "buyers market". There's a depression on (yes depression). You have the upper hand in this situation. There will always be other houses for you to look at. The seller may have to wait months (or years!) for another offer.
With that said my final counter will require the septic repairs to be done by a licensed contractor. If they refuse, I will back down. There are always other houses on the market.
underthehood
Premium Member
join:2006-01-04

underthehood to HarryH3

Premium Member

to HarryH3
said by HarryH3:

Uhh, the disclosure questionnaires that I've read didn't let you off the hook for fixing problems. They were worded more to the effect "Has this home ever had water damage?" It doesn't say "Answer no if you cleaned up the mess".
Trust me on this one. I worked professionally in Real Estate for 14+ years. I sat on many arbitration panels and so on. The onus of proof is on the BUYER not on the seller. While I agree it is BETTER for the homeowner to make a full dislcosure it is NOT mandated by law. I always counseled my sellers to be as truthful as they could even to revealing defects that did NOT exist any more due to repairs and than to cite with documentation what was done to "fix" it. THis way it did not come back to bite anyone (me, them or the buyr and their agent) in the ass. Because trust me as the Lisencee I was on the hook too (either as buyer or seller's agaent). Agent's feet are held to the fire (even moreso than the client's).
OP RUN do not walk from this house. DO not deal with FSBO's and ALWAYS have representation!

VR Laura
Queen Of Cyberspace
Premium Member
join:2002-02-10
NYC

VR Laura to HarryH3

Premium Member

to HarryH3
said by HarryH3:

Uhh, the disclosure questionnaires that I've read didn't let you off the hook for fixing problems. They were worded more to the effect "Has this home ever had water damage?" It doesn't say "Answer no if you cleaned up the mess".
That was hilarious.