Non Disclosure - Posted by Denise

Posted by Denise on February 19, 2005 at 22:48:06:

We care because

  1. it was not disclosed even though it was known so it is as if something is being covered up, and we specifically asked about water damage prior to the
    disclosure and were told there weren’t any claims,

2.and because it is causing huge problems with getting insurance as insurance pulls a CLUE report that goes back 5 years on an address to see
what claims were made and we when we do locate places that will insure us it for an astronomical amount

3.and because black mold is a huge issue down here so many companies will not even touch you with a water damage claim.

  1. We are concerned we will get in the house and find black mold and will not ever be able to sell it, because we do not plan on living there forever.
    Plus black mold is not covered by insurance and it would cost of thousands and thousands of dollars to remove it.

As far as we know it’s been corrected but we have no documentation stating what actually happened so we really have no way of knowing if it’s been
corrected. We specifically asked if there was water damage in the laundry room and we were told no. Then when the claims pulled up and we saw a huge
claim for 25,000 we were then told that the hose broke loose on the washer (that would be in the laundry room) and flooded the entire first floor. We just want answers, documentation so we can go into this without worries of the unknown. Saying you have water damage to your home here is almost like
saying your insulation is made of asbestos.

I should also mention the current owners have only lived in the house 11 months. My other concern is that if they didn’t disclose this what else are they not disclosing?

Non Disclosure - Posted by Denise

Posted by Denise on February 18, 2005 at 22:48:17:

If we put a contract on a house and had it inspected and put down our deposit and close March 1st, but found out when we were trying to insure it that there have been several water damage claims that the current seller did not disclose even though he knew about them when he bought the house from someone else, is it legal for us to get out of the contract and will we be able to recoup our earnest and related inspection fees?

Re: Non Disclosure - Posted by Natalie Smith

Posted by Natalie Smith on February 20, 2005 at 14:20:03:

I am not an attorney, but I don’t believe there needs to be disclosure if the seller believes the problem has been corrected.

With that said, it sounds from your response to Tom that you are not interested in closing on this property regardless of what they can provide you at this point.

If your contract has a financing contingency, and the insurance is so expensive that you can no longer qualify for your monthly payments, then there’s your out.

Re: Non Disclosure - Posted by chet

Posted by chet on February 20, 2005 at 24:52:56:

check w/ your agent or an get a cheap consult from the bar association.

in CA, them would be sueing words.

Re: Non Disclosure - Posted by Tom-FL

Posted by Tom-FL on February 19, 2005 at 22:22:27:

Why would you care about claims from two owners ago? Has the cause been corrected?