Re: Date on Disclosure incorrect

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First; there two remedies available in this situation. 1. Void
the contract; she takes the house back and you get your money
back. 2. Damages for the leaky basement.

You need to show fraud to void the contract. And for damages
show a breach of a warrantee.

Let's assume you decide to pursue a claim to void the contract
and return to your original positions. It will surely cost you
much more in lawyer fees than just fixing the basement. As for
damages--same story and even if you win you may not be awarded
attorney fees. And if you win and get a judgment for damages
and attorney fees, you may have a very difficult time actually
collecting from a little old lady in a care home.

In any event you do need to talk to an Ohio lawyer for actual
legal advice.

On 11/30/07, Laura wrote:
> So, the fact that the information provided on the disclosure
was
> false and misleading was not an issue?
>
> She knew in the last 5 years that basement leaked, she had it
> "fixed" for $8,000. The disclosure says, "Basement ALLOWED
> (past tense) leaks but (implying no more leaking) they were
> repaired 10 years ago (also not fact).
>
> allowed seepage vs allows seepage
>
>
> 10 years vs 4 years
>
> Doesn't the information have to be the TRUTH in a disclosure
for
> real estate?
>