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    Post: Date on Disclosure incorrect

    Posted by Laura on 11/30/07

    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

    Posts on this thread, including this one
  • Date on Disclosure incorrect, 11/30/07, by Laura.
  • Re: Date on Disclosure incorrect, 11/30/07, by Curmudgeon.
  • Re: Date on Disclosure incorrect, 11/30/07, by Laura.
  • Re: Date on Disclosure incorrect, 11/30/07, by --.
  • Re: Date on Disclosure incorrect, 11/30/07, by Laura.
  • Re: Date on Disclosure incorrect, 11/30/07, by --.
  • Re: Date on Disclosure incorrect (PS), 11/30/07, by --.
  • Re: Date on Disclosure incorrect (PS), 12/01/07, by v.
  • Re: Date on Disclosure incorrect (PS), 12/02/07, by Prairie Dawg.

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