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Seeking Reimbursement from Previous Owners

Seeking Reimbursement from Previous Owners

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  #1  
Old 08-07-14, 03:52 PM
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Seeking Reimbursement from Previous Owners

What is needed to get reimbursement from a previous homeowner for things that were not disclosed at sale? I have had lots of stuff that would be deemed as maintence I am sure, but there are lots of issues of very bad "DIY'ing" at this property. There been plumbing and remodeling done without permits.

Can you get reimbursed a year+ after a sale? What would one have to prove? And generally, a year later, is something like this worth seeking? What the difference between non-disclosure and just broken, busted, maintenance of old house kind of thing?

I like to get a general sense of this topic before just listing my specific issues.
 
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  #2  
Old 08-07-14, 04:42 PM
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What is needed to get reimbursement from a previous homeowner
for things that were not disclosed at sale?
Long story short-

An iron clad contract drafted by a real estate attorney and signed by the seller;
or a court judgment after a lawsuit.
Oh, and a seller with money who stuck around.

Did you use a Realtor Indiana Association of REALTORS or Real Estate Agent?

Did you get a disclosure form from the seller?
http://www.in.gov/pla/files/Sellers_Disclosure_Form.pdf
 
  #3  
Old 08-07-14, 04:47 PM
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Who physically hired your inspector.....you or the real estate agent???
 
  #4  
Old 08-07-14, 05:01 PM
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Originally Posted by chandler
Who physically hired your inspector.....you or the real estate agent???
Jumping ahead there -

Was there a real estate agent?
Was there an inspector?

Reimbursement, e.g. getting paid, generally requires one of two things.

#1 a contract that is agreed to by both buyer and seller, in writing to be effective,
that the Seller will pay the buyer if things break.
This is generally known as a warranty.
You don't see it that much from sellers, but you do see 3rd parties selling home warranties for major appliances etc.

#2 is an agreement that is imposed upon both buyer and seller by a state law or regulation, needs to go through the courts to be effective, is generally known as a judgment.
 
  #5  
Old 08-07-14, 06:49 PM
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Hal brings up some VERY important points. I have sold two houses and both times I made full disclosure in accordance with state law. However, I also sold them "as is" which in Washington state precludes the buyer from coming back on the seller for items found after the sale. In any event, because more than a year has transpired since the sale I suspect that you would have a hard time getting any recourse from the seller.
 
  #6  
Old 08-08-14, 07:02 AM
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In any event, because more than a year has transpired since the sale I suspect that you would have a hard time getting any recourse from the seller.
That's pretty much what I was thinking. So I would have a hard time proving #2 judgment and there are certainly no, #1 written agreements (as described by Hal).

As far as disclosures and such yes a standard disclosure was filled out. Unfortunetly it was a FSBO. As for inspections, Im not a fan of that process. I hired a guy, he missed stuff (much of which has been corrected, but not all). But all he is liable for is the measly 300 bucks I paid him.
 
  #7  
Old 08-08-14, 09:59 AM
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Originally Posted by zmike
So I would have a hard time proving #2 judgment
Big picture, to get money, you need a legal duty to pay

That could be an agreement that creates a duty between the two parties, e.g. a contract,
OR
that could be a duty that is imposed on the two parties by a law or statute.

Of course, you get a judgment after filing a lawsuit, and proving that your situation meets the requirements set out in the law or in the statute.

I'd check for a local County Bar Association, they usually have referral numbers for
lawyers who would be able to ask the right questions for your jurisdiction.

Hal

- disclosure, I'm an attorney, but I'm not YOUR attorney.
 
  #8  
Old 08-08-14, 10:08 AM
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Judgments are cute pieces of paper. I have some. Clearly stated is the disclaimer that it is YOUR responsibility to collect. Easier to drive a camel through the eye of a needle, so to speak.

I'm not an attorney, just BTDT.
 
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