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    Re: Date on Disclosure incorrect (PS)

    Posted by Prairie Dawg on 12/02/07

    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?

    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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