Seller Disclosure: Lawsuit May Not be Worth Time and Effort To Fix Problem
Seller disclosure is required in most states, meaning a seller has to reveal any defects or problems with the house to a buyer. However, the seller disclosure laws and requirements vary greatly from state to state. If a buyer discovers problems with the home that they think were not revealed through…
Homeowners Association Won't Help With Neighbor Dispute
A homeowners association may be able to help property owners in disputes between neighbors. If the association can't or won't help you, your local city, village or town government may help you. In many municipalities, local codes and ordinances require homeowners to abide by certain rules when it…
Home Inspection Problems May Lead To Seller Disclosure Lawsuit
When you're buying a home you should have at least one home inspection that includes a look at the septic system. What's found during that home inspection including the septic system depends on the caliber of home inspector you hire. If you discover problems with your septic system after the home…
Holding Builder Responsible For Problem In New Construction Home
In some states, buyers have the right to pursue action against a builder for issues in their new home. But getting a builder to fix problems in a new home depends on what is outlined in the warranty. In this case, the buyer might be protected because the builder tried unsuccessfully several times to…
Who's Responsible For Damage Between Inspection And Closing?
Home buyers recently purchased a home that has severe hail damage from a storm between their home inspection and closing. In many states, it is still buyer beware when it comes to buying the home and if the seller did not lie or hide damage to the home, the seller may be off the hook for damage…
HOA Charges Special Assessment For Water Damage
What can you do when you have to pay a special assessment to your homeowners association (HOA) for water damage? Are the condo sellers liable for telling you about the water damage prior to sale? How can you find out if you're at risk for special assessments prior to buying a home with an HOA?
When Neighbor's Damage Becomes Your Damage
For the past 30 years, my aunt and uncle have lived in a second floor condominium in an old 4-story building. About 3 years ago, a new owner moved into the unit above them. For the eighth time, the neighbor above them has caused water damage in their unit. The neighbor has always refused to make an…
Water Damage: Seller Disclosure Issue?
When it comes to proving disclosure fraud, the buyers have to prove that the sellers knew or should have known about the problem. This recent home seller's buyer claims he knew about the potential for water damage and should have mentioned it as part of seller disclosure prior to the home sale. The…
Home Buyer Wants Seller To Pay For Waterproofing
A home seller disclosed a basement water problem before closing on her home. The buyer now wants the seller to pay for waterproofing the basement even though the problem was disclosed. Most states have a seller disclosure law for residential real estate transactions that require a seller to disclose…
Is Seller Responsible For Water Damage In Basement?
A home buyer asks about water damage and mold in the basement of the home they purchased after the seller disclosed there was a one-time event and the problem had been fixed. The buyer now wants to know if the seller is liable for the mold from the water damage and not disclosing it properly. Having…
Buying A Home With Potential Water Damage
Water erosion can turn into water damage. Before you buy a home you should check for water damage and the potential for water damage caused by water eroding away land. Sometimes when a home has water damage it may need other repairs. Is there a way that the home could be sold despite the risk of…
Seller Disclosure May Not Include Water Damage
When you buy a home the seller is supposed to tell you certain things under seller disclosure - items that may not be visible to the naked eye. Does this include a home's proclivity to water damage? Whether seller disclosure requires a seller to discuss water damage depends on the state where the…
Closing Date Change Could Cause Loss Of Earnest Money
When a seller changes the closing date and the buyer decides to pursue other properties, can the seller keep the buyer's earnest money? Does the seller have a right to the earnest money when the contract has been canceled and the closing will no longer occur? And can the seller lay claim to earnest…
Suing Home Seller 4 Years After Purchase
A homeowner bought a home that has a serious mold problem. He is wondering if he can sue the seller even though he purchased the home four years ago. He has to prove that the sellers knew, or should have known about this problem. That's the standard for most seller disclosure laws around the…
A new home has major problems that seem to have escaped the attention of the home inspector, the seller and the real estate agent. A basement wall collapsed weeks after the new owner moved in. What kind of recourse does the new owner have? The owner should should call the inspector, the agent and a…
New Orleans Rebuilds, Part III
Residents of the 9th ward in New Orleans were hit perhaps the hardest by Hurricane Katrina. Ronald Lewis was the first person to move back into the 9th ward, and still remains one of the few to return. With the help of students and an architect he has rebuilt his home to be an example to other…
New Orleans, Two Years Later: Part II
Ilyce takes a tour through the Broadmoor neighborhood of New Orleans to see how the rebuilding effort is moving forward. Nearly two years ago, after Katrina hit and the levees broke, this neighborhood of pastel-colored homes was submerged below 10 feet of water. Today, many of the homes are in the…
New Orleans: Nearly 2 Years Later, Part I
Two years after Katrina hit, New Orleans resident Oscar Escobar is recovering from the storm. He lost everything in his home to water damage, but he says he started rebuilding almost immediately. He didn't wait for help from FEMA, but began doing the work on his own. Four months after the levees…
Buyer's Responsibilty To Change Utilities After Closing
When you buy a home you are responsible for having the utilities turned on in your name. Assuming the utilities will roll over or stay turned on can lead to damages if they get turned off in between occupants.
Home Inspector Failed To Find Damages
A home owner bought a house that has several problems. The home inspector did not include any of the issues in his report. Some home inspectors are better than others, but one thing is always clear in a home inspection, if the problem is not visible, home inspectors can't pry walls open to inspect…
Water In Basement Of New Construction Home
A home buyer bought a new construction home that now has water in the basement, and the builder says he isn't responsible. The contracts should say if the builder has to take responsibility for major problems after the warranty has expired on the new construction home. For construction issues, the…
New Construction Mistakes Lead To Water Damage
What happens if you buy new construction and the home has a lot of water damage? You can try to work with the new construction builder to repair the water damage. But if that doesn't work and you still have water damage, you'll likely want to talk to a real estate attorney.
When you own a home covered with synthetic stucco you may decide to install a water barrier system. Some water barrier systems work, but many fail, and you should ensure that your system is in working order. A synthetic stucco-certified home inspector can look at the exterior of the home to find…
Inspection Reveals New Home Has Water Problems
A buyer recently bought a home that now has water in the basement. His home inspector has mentioned poor gutters and a grade problem. Since these problems were revealed during the inspection, and the buyer did not request to have them fixed, the purchasers are most likely responsible for the…
Real Estate Minute: Get CLUE Report In Addition To Seller Disclosure
Real Estate Minute with Ilyce Glink Get a CLUE about the condition of the home you want to buy Original Air Date: October 11, 2006
