Welcome to the DoItYourself Forums!

To post questions, help other DIYers and reduce advertising (like the one on your left), join our DIY community. It's free!

Question about the Disclosure Statement...


aces-n-eights's Avatar
Member

Join Date: Oct 2013
Posts: 38
AK

04-18-17, 04:19 PM   #1 (permalink)  
Question about the Disclosure Statement...

We purchased a home about 6 months ago and woke up this morning to water in the basement - heavy rain yesterday. The home was built in 1890 and the seller owned it for 10 years before selling it to us.

The disclosure statement said there was no history of water coming into the basement.

What are our options? Do we have any recourse with the seller? It is our opinion that water has come into the basement previously. Do we need to get an expert to state that?

Thanks!

 
Sponsored Links
chandler's Avatar
Banned. Rule And/Or Policy Violation

Join Date: Dec 2005
Posts: 39,968
GA

04-18-17, 04:21 PM   #2 (permalink)  
Did you have a home inspection done, where YOU paid for the inspection and the Real Estate Company had nothing to do with choosing them?? Often they can tell if there had been previous water damages, and can negate statements in the disclosure.

 
aces-n-eights's Avatar
Member

Join Date: Oct 2013
Posts: 38
AK

04-18-17, 04:42 PM   #3 (permalink)  
Yes, we had an inspection, we paid for it and we chose the inspector. We asked him about water intrusion and he felt there was no clear evidence... however he said there were some indications...

The interior foundation walls have a plaster coating and there is evidence that it was at least damp at some point. There is no smell of mold or mildew in the basement.

I'm wondering what our options are to prove the disclosure statement was false. Maybe we pursue it, maybe not, I just want to see what the best approach may be.

 
Vermont's Avatar
Member

Join Date: Jan 2010
Posts: 1,841
VT

04-18-17, 04:54 PM   #4 (permalink)  
Have you made any alterations during the past 6 months that you've owned it which could have altered drainage patterns ?

If the Building Inspector noticed something; could it be that it pre-dated the Sellers' Ownership ?

I suspect that because he told you about it, then he's off the hook . . . . and having been told about it, you still proceeded to make the purchase. What's that tell you ?

As a Real Estate Broker, I'd say it would be worth your while to, for yourSelf, to obtain the counsel of an Alaskan Conveyance Attorney and see if you have the basis for a case against anyone.

 
chandler's Avatar
Banned. Rule And/Or Policy Violation

Join Date: Dec 2005
Posts: 39,968
GA

04-18-17, 05:15 PM   #5 (permalink)  
The disclosure statement said there was no history of water coming into the basement
Then within 6 months the basement floods??? He's not off any hook. I agree. Get a lawyer.

 
aces-n-eights's Avatar
Member

Join Date: Oct 2013
Posts: 38
AK

04-18-17, 06:43 PM   #6 (permalink)  
Thanks for the comments guys.

Vermont
Have you made any alterations during the past 6 months that you've owned it which could have altered drainage patterns ?

Yes, if anything it's to mitigate water intrusion... extending downspouts away from the house primarily.

If the Building Inspector noticed something; could it be that it pre-dated the Sellers' Ownership ?

That really is the question, isn't it.

I suspect that because he told you about it, then he's off the hook . . . . and having been told about it, you still proceeded to make the purchase. What's that tell you ?

We went thru with the purchase because the inspector did not clearly warn us of water damage history, the Disclosure Statement indicated no water intrusion and the fact that there is no smell of mold or mildew in the basement.

As a Real Estate Broker, I'd say it would be worth your while to, for yourSelf, to obtain the counsel of an Alaskan Conveyance Attorney and see if you have the basis for a case against anyone.

Sounds like good advice, the home is in Michigan - I'm sure there is a RE attorney in the area that can advise us.

chandler
The disclosure statement said there was no history of water coming into the basement
Then within 6 months the basement floods??? He's not off any hook. I agree. Get a lawyer.

Are you suggesting I go after the inspector, not the previous owner?

Thanks again, guys.

 
Furd's Avatar
Member

Join Date: Mar 2006
Posts: 17,863
WA

04-18-17, 10:20 PM   #7 (permalink)  
Going after the inspector is probably a wasted effort as all you would get would be the fee charged for the inspection.

On the other hand, going after the previous owner puts YOU in the spot of proving he had knowledge of the condition, something that would probably be difficult. Perhaps asking a neighbor that has lived next door during the time of the previous owner could help.

As stated, you really need to see a lawyer that specializes in real estate matters.

 
Norm201's Avatar
Member

Join Date: Sep 2013
Posts: 4,785
NY

04-19-17, 03:52 AM   #8 (permalink)  
Just how bad is the flooding? If the basement never flooded before then something changed to cause it. Consider settling. Has any other change taken place in the surrounding area. New home construction, sewer line construction. Does your grading slope towards or away from the foundation? As stated mentioned by Furd, ask the neighbors about previous owner ever mentioning basement flooding. The previous owner won't be responsible for changes in the land, water table or other changes since his ownership. Tough to prove otherwise.

 
Search this Thread