sellers disclosure - Posted by Judy

Posted by River City on January 20, 2006 at 06:51:05:

I am not an attorney, however, 7 years is quite a long time, and certainly they had the damages fixed. It is difficult to list everything that happened that long ago. Everyone would just about have to maintain a journal of problems occurring with their homes…NOT! Aren’t the disclosures for things that are currently wrong or things that would affect the structure and/or value of the home?

I would suggest contacting a realtor in your area and ask them about what is required to be disclosed. Also, what does the top of your disclosure form instruct the seller to list on the disclosure? Does it say anything and everything that has gone wrong with the property since the beginning of time?

Another thought is you knew that the home was located in a hurricane area and probably should have asked if it had ever been damaged in a hurricane, if that was an issue. If the damages were repaired, it should not be an issue. If the damages were not repaired, then it should. However, if a tree “caved” in on the home, certainly it was repaired.

In my opinion, this is a little much (going back 7 years). But, like I said, I am not an attorney.

sellers disclosure - Posted by Judy

Posted by Judy on January 20, 2006 at 24:48:42:

I purchased a single family home in North Carolina 15 months ago (for sale by owner). The contract allowed for the owner to disclose any problems, etc. with the home since they purchased it (standard real estate contract). The owner denied anything. Since purchasing the home we have discovered approx. 7 yrs. ago the home was majorly damaged in a hurricane - trees caved in on the home, etc. The closing was handled by an attorney. Do I have any legal recourse??