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