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myLot reputation of 89/100. soccermom (1810)   ranked 502 out of 26,920 in people 5 years ago

Hi MyLotters! I know it's been awhile but life has been insane. Anyway, I have a serious question and am hoping for help. The area I live in experienced some crazy rain last night. A big portion of our city flooded, and so did the lower level of my house. Hubby and I were ticked becaue we had a storm like this 11 months ago, before we owned the house and the owner then told us he never had a problem with rain and leakage in the basement. We're talking 6 inches of water here people. Anyway, when we had the house inspected there did appear to be some old signs of leakage, which we asked about, and the answer was if we make sure the back rain spout stays on there is no issue. WE specifically asked if we finished the lower level (the drywall was already up, it is an exposed bi level)to put another bedroon down there and a rec room if it would be fine, and the seller said yes. Signed a disclosure saying so. He had lived here 16 years, so we took his word. Well, we were tearing up brand new carpet today, and hubby had to remove some trim. Behind the trim was mold. So we tore out part of the wall and to our amazement not only were the walls moldy, there was rot where the foundation met the frame and there was dirt piling in. There is NO WAY we feel the deller would have been able to finish the basement without knowing the issue here. We just bought the house in September. We have a professional coming tomorrow to give us an estimate to fix our house. My question is do you think we could sue the seller for false disclosure? There is no way this damage is just caused, and our neighbors have told us he always had this issue. Has anyone out there dealt with a situation like this before? I appreciate any help, my hubby and I can't afford this.

 

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tags:  disasters, dreamhome becomes nightmare, flood, flooding in basement, insurance
 
1. myLot reputation of 95/100. vmks31 (7459)   5 years ago

I know things are different in different countries but if the rain you had contributed to more problems wouldnot your house insurance help In Canada most homeowners have house insurance... you do or you dont Sorry about your bad luck but i think a lawyer could help out Good Luck


myLot reputation of 89/100. soccermom (1810)   ranked 502 out of 26,920 in people  5 years ago

I'm an insurance agent, so that was the first thing I checked. Here's the deal, although I have a top of the line policy, floods are never covered unless you buy a flood policy through the government. If we lived in a "flood plain" it would be mandatory from our mortgage company that we have one. Needless to say we don't live in a flood plain, as a matter of fact we live 1/8 of a mile from the highest point in town, so we didn't think it was nedcessary to purchase this plan, as they are really expensive and we had every indication that we wouldn't need one.

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2. myLot reputation of 96/100. pilbara (949)   ranked 408 out of 26,920 in people   5 years ago

Sorry I don't know enough to help here.

There are 2 issues

1) The false information
2) Damage done to the house.

However, if this person did sign such a declaration then you may be able to sue them, but you would really have to talk to someone who knows about such things. It may mean that you either have to do some work or you have to accept that room cannot be furnished in the way you would like.

An insurance company would be of more help with issue 2, but I don't know that I would raise issue 1 with them.


myLot reputation of 89/100. soccermom (1810)   ranked 502 out of 26,920 in people  5 years ago

I am an insurance agent, and unfortunately it won't do me any good. Policies don't cover flood unless you have a flood policy through the government, and since we don't live in a flood plain it wasn't necessary. I'm just ticked off because the seller knew about the issues, didn't truthfully disclose when asked, and now we're literally up a creek.

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3. myLot reputation of 91/100. flowerchilde (8039)   ranked 381 out of 26,920 in people   5 years ago

At first I thought it was out of the ordinary flooding, which seems to happen in different places every year... but then as I read on, I realized there was evidence of water damage.. so unless the house is in a flood plane, it seems there has been a problem with leakage. I suppose since he had finished it(?) he would know of this? Seems like he would have taken it more seriously.. unless he did the remodeling for the sale..
- I guess I would do some sort of search on these types of legal cases to see how they usually end up, especially in your area.

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4. myLot reputation of 99/100. texasclassygal (3436)   ranked 4,387 out of 26,920 in people   5 years ago

I am probably a bad one to answer this, being a former paralegal for over 20 years, my response is YES, retain an attorney, either get recommendations from friends or go to your local Bar Association to get a recommendation, NEVER, look in the phone book. But YES, you need to contact someone regarding legal action you can take on this lying seller.

Good luck with this. If you need some help on where to find an attorney send me a private PM and I might be able to help you.


myLot reputation of 91/100. Katesmama (3210)   ranked 1,422 out of 26,920 in people  5 years ago

Yep, better texasslaaygal than me, I bet she knows loads more than I do. :P


myLot reputation of 97/100. sid556 (18623)   ranked 598 out of 26,920 in people  5 years ago

kates...could you get any cuter...re read your post...texas SLAY gal? just kiddin..had to be the first to point it out. sorry


myLot reputation of 89/100. soccermom (1810)   ranked 502 out of 26,920 in people  5 years ago

Thanks texas. I found an attorney through my insurance agency who referred me to an attorney that specializes in this. What a mess. It's going to cost a small fortune, and even of we win a lawsuit there's no guarantee we can get this loser to pay. I am so frustrated.


myLot reputation of 99/100. texasclassygal (3436)   ranked 4,387 out of 26,920 in people  5 years ago

Don't be frustrated, be resilent, if you win you can get a judgment against the guy and you will be able to take his income tax return and anything else he obtains, so don't look bleak, actually it is wonderful that you found an attorney, just document and take pictures of everything NOW while it is still FRESH in your mind, keep me apprised.

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5. myLot reputation of 63/100. ParaTed2k (6357)   ranked 1,245 out of 26,920 in people   5 years ago

Absolutely!

Both the sellar and the real estate agent (If there was one) broke several laws. Your situation is exactly what full disclosure laws are about. When that house went up for sale the owners were required to have it meet all local building codes, and if it didn't, they had to tell you where it was lacking.

If it was sold "by owner" then yes, go after them for their lies. If it was sold through an agency, they are culpable for ALL the problems you cite. It won't be cheap though, since you will have to be able to demonstrate that the problems existed before you bought the home.

Good Luck!


myLot reputation of 89/100. soccermom (1810)   ranked 502 out of 26,920 in people  5 years ago

We each had our own agent. Here's the kicker, the part that really chaps my hiney. When we had our home inspection it was right about a week after one of the biggest storms in the area on record. The inspector did find slight water damage, and we questioned the seller on it. His reply was that there has never been a problem with water, however if the back rainspout isn't on there is a problem with seepage. So we have always made sure the spouts were on properly. My next question was so it would be no problem if we finished the lower level there would not be an issue. The drywall was already up, all it really needed was flooring. The answer was "no problem", the only reason he hadn't completed it was because he used the lower level for his landscaping business so there was never any need to put carpet down, etc..The studs behind the drywall are completely rotted, the frame has rotted from the foundation so there is actually dirt coming in...no way he couldn't have known about this, he did the drywall himself!!
I did get a referral for an attorney that specializes in real estate through my insurance agency, and he put us in contact to get an estimate from a reputable remodeling company. It sounds like we have a case. As far as the burden of proof goes, we have 3 neighbors who are willing to vouch that the seller did have issues before, we took pictures all along the way, and the attorney says that it sounds like the pictures alone of the damage shows the sellers negligence. I'm not looking forward to this, I really liked the seller, but there is no way we can afford to fix a problem that would have led us to not buy the house to begin with.


myLot reputation of 63/100. ParaTed2k (6357)   ranked 1,245 out of 26,920 in people  5 years ago

Wow! I'd go after the inspector too then! He either was completely incompetent, negligent, or in on it.


myLot reputation of 89/100. soccermom (1810)   ranked 502 out of 26,920 in people  5 years ago

The guy came out and did the estimate. He said he'd have a dollar amount on Friday. He also said the problem was so severe he wasn't sure he could do the job without tearing the whole front of my house out. I cried. Then I called the lawyer, who gave me the scenario but also informed me my hubby and I would have to pay the contractor ourselves, and give him $2700 if we want to sue to cover litigation expenses. We just paid $4100 in property taxes, paid off $1800 worth of my sons cardiologist bills, and have about a grand left over in the savings. I don't know how the heck we're going to afford this, and then there is no guarantee that if we did win a lawsuit that this loser would pay up. I could just cry myself silly right now.

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6. myLot reputation of 96/100. fpd1955 (1286)   ranked 426 out of 26,920 in people   5 years ago

I would think you would be able to sue. A previous poster said to get recommendations from friends or the bar association to find one. The least you could do is get some kind of free consultation from an attorney. If he/she thinks you have a case and can sue...do it! After all, the previous owner DID sign a disclosure!
When we bought our house, the owners lied to us too. Nothing as serious as what happened to you happened to us. It was things that we discovered after living here for awhile.
In hindsight, we should have had the inspector come with us through the final walkthrough to make sure all of the problems were taken care of as we requested. We only had him come out for the initial inspection.
We were in a tough spot. We were moving from New York and had a relative as our realtor in Illinois. I find it so ironic that she hasn't even called us once, after selling us the house, to see how things are going. It kind of pisses me off!!
PEACE


myLot reputation of 89/100. soccermom (1810)   ranked 502 out of 26,920 in people  5 years ago

We paid for two inspections, and everything seemed fine. When there was an issue the seller took care of it and swore that there was not water problems. Our realtor has been really great, and has kept touch even when she didn't have to. We found an attorney, I guess we'll see ho this plays out.

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7. myLot reputation of 91/100. Katesmama (3210)   ranked 1,422 out of 26,920 in people   5 years ago

I would first hire a home inspector to come out and comfirm that the mold was previous to your purchase, just a comfirm, and get the best one you can find too. then, call a lawyer. I don't know the real estate law in your state, but in VA, if he signed that disclosure, you have every right to sue. Did you hire a home inspector when you bought the house? I only ask because study law and, specailize in real estate, so I could point you around if you wanted. Not legal advice, but asking the right questions and stuff.

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8. myLot reputation of 99/100. seagoddess28 (510)   ranked 5,223 out of 26,920 in people   5 years ago

I am not familiar with the real estate laws in your area, but here in Ontario,Canada, nondisclosure of material facts that may affect whether or not a sale would have ensued (presence of mould, rotting wood framing in the foundation, water damage, for instance) could trigger massive lawsuits (ouch!). Real estate here is very highly regulated both through legislation and industry self policing. The Real Estate Council of Ontario, which is a government body that looks after the education and licensing of Realtors in Ontario is doing a thorough clean up of the industry, to help both the consumer and the real estate professional. In a case like yours, if it happened here, and the property was listed by a Realtor, the Vendor/Seller would have had to fill up a Seller's Property Information Schedule, which has a long list of questions that ferrets out the "stuff" in a house that should be disclosed in good faith by Vendor to Buyer. Flooding, plumbing, heating, mould--they're all in there. However, even though the Vendor signs this disclosure, the Buyer and his agent will still need to exercise due diligence (get the house fully inspected, add a clause that the Vendor will pay for the cost of premium for getting a warranty for whatever parts of the house seem suspect, maybe that disclosure that your Vendor signed could be made an amendment to your agreement of purchase and sale, with a restitution section in case that which you fear does come about, etc.). If it could be proved that you were flimflammed, you may have recourse. My advice: get a very, very good real estate lawyer with a good reputation, who will take the time to explain your options (and the cost, of course). Good luck, SoccerMom! Do you have house insurance? If you do, find out if the flooding and subsequent damage is covered. :-D

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9. myLot reputation of 97/100. sid556 (18623)   ranked 598 out of 26,920 in people   5 years ago

I do think y ou possibly do have a case and yes..you should retain a lawyer! You would have to prove that the owner had knowledge of such damage. He lived there for 16 years and it sounds as if he had to know. I would at least talk to an attorney and find if you have a case.

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10. myLot reputation of 13/100. chen463344628 (138)   ranked 18,599 out of 26,920 in people   5 years ago

if i were you
i will not believe the one who will sell his things to me
i will check it for myself
if you have the evidences
maybe
you can retain an attorney

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