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Re: Date on Disclosure incorrect
Posted by Curmudgeon on 11/30/07

    ...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.

     
     

 
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