Re: Date on Disclosure incorrect

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I was just wondering.... I haven't been able to tell him yet
that the date was incorrect.

On 11/30/07, Curmudgeon wrote:
> ...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.