Re: Date on Disclosure incorrect (PS)

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I realize you are focused on the date. I doubt that a conflict in
the date of the prior fix would be considered a material fact.
Maybe but the important fact is you were put on notice that there
was a problem with the basement at some time in the past. If she
had denied or concealed the problem altogether you might have a
case of misrepresentation. Since she disclosed that a problem had
occurred it was then your duty of due diligence to insist on a
warrantee of no leaks or refuse to preform the contract. Even
though the date was off by 6 years it was discoverable by due
diligence on your part and probably isn't a misrepresentation that
amounts to fraud.

As harsh as it seems, without a warrantee in the deed, your case
is very weak.

I'd go with the drain in the yard. Sounds like it could work and
it's cheap. It is nearly impossible to waterproof a basement if
you have water pooling around it underground.

On 11/30/07, -- wrote:
> 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?
>>