True Disclosures Not Revealed in Texas - Posted by Anthony

Posted by dealmaker on July 20, 2007 at 14:00:11:

So many problems. It’s too late to get in your wayback machine and go back and get an inspection before purchasing, but here’s my best advice.

Call a couple of more foundation repair places. I’ve had 5 or 6 Houston houses with really bad slabs. IIRC my largest bill was about 1/4 of that. I can almost guess who you called: THE COMPANY WITH THE BIGGEST YELLOW PAGE AD!

dealmaker

True Disclosures Not Revealed in Texas - Posted by Anthony

Posted by Anthony on July 20, 2007 at 10:03:40:

We bought a used home in Houston, Texas from an elderly couple who appeared very honest. Sad to admit - but we did not get the home inspected but rather went off the elderly couple’s representation that everything was good and off the sellers disclosures. A month after we moved into house - cracks appeared in ceiling, walls, doors would not shut right. We took the carpet out and big major cracks in the floor. Had a foundation company come in and give us an estimate to repair house - 20 thousand. Went to attorney and after paying thousand for a demand letter - we found out that the sellers - the husband died recently but the wife still lives. Attorney does not want to pursue because he advsies that a jury would not award because the husband passed and they would look at elderly grieving widow. Any suggestions.

Re: True Disclosures Not Revealed in Texas - Posted by Rich-CA

Posted by Rich-CA on July 21, 2007 at 21:47:25:

Unfortunately, you would have to demonstrate that they knew of the problem. In San Antonio I looked at one house where there was a patch on the slab outside at either end of the house under the center line of the roof where it looked like they put the patch on to hide the fact that the house had a major fracture. Inside I placed a level on the walls and found that the walls tilted inward on both sides of the crack I guessed was there. That would be fraud because they tried to hide the obvious defect.

In another case, a carpet was removed (and I saw the house before the put in the carpet) and a large crack ran through the living room. Normal fracture on expansive soils. Seller did not know it was there because when the sold it wasn’t.

To prove fraud, you have to have some way of knowing they know what was wrong.