Re: Date on Disclosure incorrect (PS)

More | Report Post

And you couldn't tell if the basement was leaking from the smell
alone? Give me a break.

On 12/01/07, v wrote:
> Remember ... Your dealing with a sweet little
> old lady. Who's memorey may be failing. If she
> made simple mistake, in the date that "is"
> What can you do? Due dilegence is the buyers
> responsabiliy. I'd suggest paying for your owm
> repairs and leave the nice little old lady out
> of it. She already got ripped off once.
> Whooops! I made a boo boo. Lets beat up an old
> lady so i don't look dumb. C'mon!!!!
>
>
> On 11/30/07, -- wrote:
>> 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?
>>>>