Re: Date on Disclosure incorrect

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...and just what is it that you want to do on Saturday or
Sunday that can't wait until you hear from your attorney on
Monday?

On 11/30/07, Laura wrote:
> My new husband and I just purchased our first home in Ohio.
> We bought the home in September. We paid for a whole home
> inspection prior to purchasing the home. The seller was an
> elderly lady who was moving into a nursing home, but seemed
> to be of good health at our closing. She signed all the
> papers, talked to us, chatted about certain "features" of
> her home, etc.
>
> On her disclosure papers she stated that, "Cracks in
> basement walls allowed water seepage but were repaired 10
> years ago". We requested a receipt of repairs in an
> addendum to the contract, which she provided at the closing
> of our home. Like that day, at the table, with the title
> agency there, ready to sign papers.
>
> We have now lived in the home for over 3 months and EVERY
> crack in the basement leaks. Our first line of action was
> that we called the repair company, who came out and looked
> at the cracks he "fixed". When I say fixed....he charged
> this woman $8,000 to repair 4 large cracks. EACH of them
> has leaked multiple times since we have lived here. He said
> for $500 more he could install a drain in our backyard to
> take pressure off of our foundation, but never addressed
the
> fact that the cracks were leaking.
>
> So, then we called another foundation company and had them
> give us an estimate to repair the leaks. $5,800! They COULD
> NOT believe that he charged that much for the repairs, and
> that the basement needed new drain tile, the cracks
> re-repaired and the outside soil needed to be fixed. They
> said for the amount of money he charged, they should NEVER
> had leaked again.
>
> After relaying this information to our Realtor, she advised
> us to contact a lawyer and see what our option are. I
found
> one, faxed him all the paper work he requested. In the
> process, I discovered that the date on the basement crack
> repairs was 8-1-03!!!!!!!!!! That is not 10 years ago!!!
> That is a little over 4 years!
>
> If her disclosure stated 10 years, and the repairs were
done
> 4 years....this is not accurate information that she
> disclosed. Does this void her credibility? Does this
cause
> the contract to be "untrue"? Could this help us out???
>
> Also, on the disclosure it asks "If owner knows of repairs,
> modifications, or alterations to the property or other
> attempts to control any flooding, drainage, settling,
> grading or erosion problems since owning the property (but
> not longer than the past 5 years), please describe"
>
> Well, when the crack repair man came, he had to bring in
> dirt to re-direct the run-off from the roof. A back hoe!
> She did not disclose this information either...
>
> Help!!!! I am waiting to hear back from the attorney, but
it
> is now Friday, and I don't think I will hear anything until
> Monday.