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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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purchase home in 2009 FHA hud leader found sand underneath

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purchase home in 2009 FHA hud leader found sand underneath carpet with mold and mildew also home insurance will not cover for new roof because seller painted the roof have a leaks in several rooms also have a sump pump that was not disclose to us when purchasing, seller did not repair any of the work on the house ,the house was supposedly appraise for 169,000 now fair market value of home is 67,000 feel that we was defrauded by seller, leader, realtors,and the inspector. broken concrete,roof,kitchen floor crack tile, down stairs floods when it rains heavy now mold & mildew is growing in area.have hole in the ceiling from water damage draining behind sheetrock wall. floor damage white power under carpet seems like three or four bags of sand.seller stated that they was going to make repairs never did.we was told that FHA inspect all property before loan is issue.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

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You didn't have the house inspected by a home inspector when you purchased it?


Customer: replied 1 year ago.
NO
Customer: replied 1 year ago.
I AM WAITING ON RESPONSE TO QUESTION NO I DID NOT HAVE A HOME INSPECTOR SEPARATE FROM FHA-HUD .
Expert:  Law Pro replied 1 year ago.
Regretfully, you should have had the property inspected by a qualified and certified home inspector before you bought the property.

Even HUD recommends such - here's a link to their information about such:


http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/99-32att.pdf
Specifically, they state:

FHA does not guarantee the value or condition of your potential new home. If you find problems with your new home after closing, we can not give or lend you money for repairs, and we can not buy the home back from you.

That's why it's so important for you, the buyer, to get an independent home inspection. Ask a qualified home inspector to inspect your potential new home and give you
the information you need to make a wise decision.


So now your only option is to sue the seller that they did not make proper disclosures as to the condition of the property as required by law and sue them for your damages. That the seller knew of the many problems with the property, that the defects were latent defects and not obvious, and that because of their fraud and breach of contract by not informing or disclosing such to you - you are entitled to recover the costs to repairs the problems with the property.


In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale.

The general law of the sale of property is caveat emptor (let the buyer beware) and buyers are under a general duty to inspect their purchase before taking possession. However, it is understood at law that inspection is not often sufficient to detect certain deficiencies in the product that can only be discovered through destructive testing or other means that a seller could not reasonably be expected to allow under normal conditions. For example, wood beams and interior brickwork often cannot be fully assessed without destructive testing, and it would be unreasonable for the seller to allow the buyer to take apart a car's engine.

As such, the law expects that buyers will protect themselves in the sales contract against defects they cannot possibly be expected to assess prior to purchase. As such, the term "latent defect" is often used as part of the guarantee clauses in a sales contract so that the buyer can recover damages from the seller if defects turn up in the property after the sale. For example, the seller may be required to pay for repairs of any such damage.

There is no automatic right for a buyer to claim against a seller for such latent defects when they are discovered, absent an agreement in contract. However, if a latent defect is discovered, there is often a presumption against the seller when a claim is made in misrepresentation that the seller knew about the latent defect. As such, the seller is required to show that he or she could not possibly have known of the defect, rather than the buyer having to show that the seller did know about the defect. However, if it can be shown the seller could not have known about the defect (and was not wilfully blind to the possibility) then the buyer's claim will not succeed.

However, when the defect could have been discovered by the buyer by a thorough inspection (a "patent defect"), the buyer cannot possibly succeed in a claim against the seller unless the seller actively took steps to hide the defect from a normal inspection.

In all cases, where a seller actively misrepresents the condition of the property, such as by taking steps to make an inspection impossible or by lying about problems when directly asked, the buyer will almost always succeed unless it can be shown that the buyer was independently aware of the defect and completed the transaction nevertheless.




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Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23451
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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