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Roger
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Is failure to reveal that bathroom toilet will not function

Customer Question

Is failure to reveal that bathroom toilet will not function properly during moderately wet weather grounds for declaring the contract void?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for using JA! I'll be glad to help.

One question - is this a purchase or a leased premises?
Customer: replied 1 year ago.

purchased from HUD as foreclosed property

Expert:  Roger replied 1 year ago.
Ok. Thanks. XXXXX foreclosures are sold "as is" and any repairs are the responsibility of the buyer. Here's a good link you can read: http://homebuying.about.com/cs/buyforeclosures/a/hud_homes.htm

Thus, no issue discovered would be a basis to cancel an agreement or to have the contract found void. If you weren't dealing with HUD, things could be different as disclosures are required, etc., and if misrepresentations occur, there is recourse. However, a HUD purchase is much different.

Thus, something like this would not be grounds to cancel the contract with HUD.

I hope this helps, and if you need anything further, please let me know.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 27242
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

The federal government is a corporation, like every other level of government. Why can it sell uninhabitable [in rainy weather[ property, and not be held accountable like any other corporate contractor? Hiding behind the "sold as is" excuse is a scam. We ought to prosecute people who do that.

Expert:  Roger replied 1 year ago.
Hi -

Unfortunately, that's just the way the law is. Sometimes, the result isn't fair, but the government has the liberty to do this.
Customer: replied 1 year ago.

Where did the government get the liberty to do this? Servants of the people are not endowed with superior rights, and should be held accountable for fraudulent contracts, just like any other corporation. I can tell you, as an 84 year old senior citizen, it was no fun getting dressed in the middle of the night for either my wife or me, fighting the rain and very cold wind to get to the car, then driving 10 to 15 miles one way, just to find a gas station or restaurant open so we could go to the bathroom.
I'm sure the bureaucrats hiding behind the "as is" clause were never inconvenienced that way. If it's not fair, why are seniors always the losers?


I refuse to be held accountable for such a stupid contract, when there was no way to see the "as is" condition ahead of time or even for several years after, since the area was in a prolonged drought for several years.

Expert:  Roger replied 1 year ago.
The reason the government can do this is because they make the rules! I know that's an obvious answer, but its the truth, and I don't agree with the rule - - and if this were not a HUD foreclosure, you would have grounds to sue. But, since it's a HUD home, you're stuck.

You can certainly complain to HUD and to your federal legislators, but that's about it since the law is what it is.

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