Posted by Rich-CA on December 26, 2007 at 08:47:09:
The inspector’s report probably had so many exclusions that you wondered why you’re paying for essentially an opinion. However what he should have found:
(1) Evidence of water intrusion in the basement (it leaves distinctive marks),
(2) Evidence of standing water in the yard (it leaves patterns in the soil),
(3) Dry rot on wood (such as fences and siding) near the ground.
I have had a number of home inspections where drainage problems (which is what this is) were specifically pointed out in the report along with pictures showing why the inspector concluded this was a problem. If the inspector did not report anything, then you can’t use that document to prove it was pre-existing - but if the seller brings it up, you can use the exclusions and excuses to prove that the report is a non-professional opinion. The inspector may claim to be a professional but none of the guarantees of a professional are usually in the report.
Disclosure of Flooding & Home Sale… - Posted by Fred Garvin
Posted by Fred Garvin on December 25, 2007 at 08:52:33:
Hello,
We bought a nice house 14 months ago. (We Thought)
The previous owner was a builder, he built the house for his son, who lived here several years and than moved out.
The builder then sold the house to us. The house experiences flooding in the spring and now during a winter thaw. When I say flooding, I mean several feet of water in basement, and the yard is like a lake (almost half of 1.25 acres. I have found out from neighbors, and the county that the previous owner knew all about this and for some reason did not disclose this to us, mainly because he claims he did not reside here. I have spent almost 20 thousand on trying to fix the problem. Engineers, Drainage experts, to little avail. I can keep the basement dry, but the pumps I installed are running constantly, and the yard is still a lake. Sorry about the length, but the facts seem relevent here. Do I have a case against the previous owner or am I stuck with this house being flooded several times a year?
Thanks for any input.
Failure to comply w state’s disclosure laws? - Posted by John Merchant
Posted by John Merchant on December 27, 2007 at 09:53:37:
Some/many states now have some specific legislation and statutes requiring some pretty accurate description (and specific written disclosures) of property defects and problems such as flooding.
State of WA has, for example, its famous (infamous and hated by Sellers) Form 17, a very detailed state required Seller’s Disclosure Form which would have informed you of the flooding and any and all other such problems.
So I’d advise you to make a visit to your lawyer and discuss what your state might require in this regard and what actions you might legitimately have against your secretive Seller who didn’t disclose what he should have.
Posted by Rich-CA on December 25, 2007 at 20:29:31:
It sounds like an intent to defraud. He may not have lived there, but his son did and I doubt he did not know about the condition of the land and property. Contact an attorney and get the letter in motion. I would demand they reimburse me for my costs (including the attorney) and refund the purchase price plus all closing costs.
Posted by Fred Garvin on December 26, 2007 at 04:00:13:
Thanks for your reply,
Yes, we did have a Home Inspection done by a professional. Unfortunately, he did not pick up on any of this, but I’m not sure what he would have found. The house and yard were dry at that time.