Disclosure problem
by
Thomas K
+2
While waiting for closing owners allowed us to move in heavy rain garage floods, sinkhole opens up in backyard!! They claim they knew of those problems never disclosed I walked lost $1800, no place to stay, everything in storage, Can I receive compensation from them for lying on disclosure? Small claims to recover lost money, cost to move again store all my belongings??? Their agent acted like I was to blame for everything!!! I have a voice mail from owner explaining they thought not a big deal about flooding and sinkhole.. just throw dirt after a rain into hole!!! Day of move out they dump 10yards of dirt over hole I got before/after pictures!!!
5 answers
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You need a lawyer familiar with real estate law to answer that question. It really depends on the laws in your state.
Lisa
on Apr 30, 2014
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Lisa is correct on this you need to contact a lawyer to determine if they are responsible or not with this. @Kevin M. Veler, Law Office of you may want to chime in on this.
Woodbridge Environmental Tiptophouse.com
on Apr 30, 2014
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For $1800 there is not much money for an attorney If you find that you have to pay big bucks for an attorney, then you will want to go to check out small claims court. Be careful! And don't get mixed up with some who makes you think you are really going to score on this. It was an awful thing to happen, but no one was injured, so there is not going to be big bucks. Some attorneys charge $500 just to talk to you. The first thing would be to contact the real estate broker. Write a short, nice letter. Do not accuse or be negative...just tell them you entered the contract in good faith and you did not receive good faith. Also that this is their opportunity to do the right thing before you proceed further. And that you expect a full refund in 10 days. If you do not get one then go to small claims court filing a suit against the broker and agent for not resolving this matter in a timely manner. Take any witnesses to court with you. The judge will not take statements sent in by witnesses...they have to be present! Ask for actual and for punitive damage which should be about 3 times the actual damage, or $1800 damage and 5400 punitive. Each state has a limit which you can probably get. Be sure you have sufficient evidence and have copies of canceled checks, contract, disclosure, photos, etc. to take to court. (you can get most copies you need via online banking.) You do not need an attorney to file a small claims suit. Actually, having had a RE license years ago, such deceit can cost an agent and broker their license! On an $1800 claim, there is not much there for attorney cost! I have had friends who were cheated by insurance companies actually win in small claims court. It is not that bad...I have been in the courtroom. Just be calm and tell the truth.
Jeanette S
on Apr 30, 2014
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Thank God that you found out before you closed. Yes you have a grievance but the time and negativity could take months to sort out plus money. Small claims is easiest for actual costs and a quick answer. My advice would be small claims and move on with your life and do make sure that you have all your inspections done next time. Change neighborhoods to where they don't have sink hole problems. Check with the city building dept might be a thought. Pat yourself on the back! It could have been a lot worse.
Thej
on Apr 30, 2014
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I would google and research disclosure laws in your area. There are many states now that the owners must disclose any defects in the house. Save the voice mail for sure and contact a lawyer for a free consultation to ask him what he thinks. Then if it looks like you are in the right, then I would write a very professional letter asking for your money back and make sure to state the law and that you spoke to a lawyer. The guy may just send yo the money to avoid the lawsuit especially since you have proof in the message he knew! Good luck!
The Garden Frog with C Renee
on Apr 30, 2014
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