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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5674
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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I am suing the seller of the house I bought for Breach of

Customer Question

I am suing the seller of the house I bought for Breach of Sales Contract, Material Non-Disclosure in Justice Court.
The seller is a realtor but used a different realtor from her agency to sell her house/property.
The seller, a realtor, had an inspection report done, pre-inspection report.
The seller sent it to my realtor and my realtor forwarded the email to me, but for whatever reason, I never received it.
I learned about this pre-inspection report from the seller's attorney's answer.
I Motioned for Request for Production, was granted, and hence, received this pre-inspection report.
Because the seller sent this pre-inspection report to my realtor, this constitutes disclosure even if I did not receive this inspection report or not.
In Section 7 of the Seller's Disclosure it states, "...have you (Seller) received any written inspection reports from persons who regularly provide inspections..."
If the Seller has sent this "Inspection Report" to my Realtor (even though I did not receive it) is she required in her Seller's Disclosure, Section 7, to state she has received an inspection report?
If she did not check yes to Section 7, and she indeed did get an inspection report, does this not constitute a lie, and if so, is this not in itself a Non-Disclosure?
Perhaps a stretch, but if she sent this Seller's Disclosure via email, and this Seller's Disclosure is in fact fraudulent, by stating everything is perfect and yet this pre-inspection report states it is not, is this not mail fraud? (She must have read her own inspection report)
Submitted: 24 days ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 24 days ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 24 days ago.

Your Questions:

If the Seller has sent this "Inspection Report" to my Realtor (even though I did not receive it) is she required in her Seller's Disclosure, Section 7, to state she has received an inspection report?

Response 1: Yes.

If she did not check yes to Section 7, and she indeed did get an inspection report, does this not constitute a lie, and if so, is this not in itself a Non-Disclosure?

Response 2: Yes to both questions.

Perhaps a stretch, but if she sent this Seller's Disclosure via email, and this Seller's Disclosure is in fact fraudulent, by stating everything is perfect and yet this pre-inspection report states it is not, is this not mail fraud? (She must have read her own inspection report)

Response 3: Unfortunately, mail fraud is not applicable here since the e-mail did not cross state lines. The e-mail is between two parties inside the State of Texas. See 18 U.S.C. Section 1343.

Customer: replied 22 days ago.
I was in Virginia when the email was sent to me. The email was forwarded to me by my Realtor. The company I was working for at that time was going through a merger and for a period of about a month, everything was screwed up as the mail servers of 2 companies were being combined. I never got the forward, and for whatever reason, my Realtor never confirmed I got it. He assumed I did. Also,since the email accounts are register under a public domain, the actual address of that domain is Georgia. So, technically, that email was sent to Georgia, than routed to me to my account. The email based on the mail servers location is not in Texas. "IF" that constitutes mail fraud, does this in any way negate the Inspection Report?
The Seller is hanging her hat on that Inspection Report I never got. Since the Material Defects are very obvious and in the Inspection Report they are named. But I never got that Inspection Report and the Seller's Disclosure, which I did get, was not listed within it. To put it bluntly, in order for my suit to be successful, I have to get that Inspection Report out of the picture. Had I gotten it and seen it, I would have never bought the house. And the reason I did not get an inspection done on my own is because the seller was a realtor and I trusted her to tell me the truth about the house in her Disclosure.
Expert:  Phillips Esq. replied 22 days ago.

I will opt out to give another Attorney the opportunity to further assist you.

Best wishes,

Expert:  Attyadvisor replied 21 days ago.

I am a different Attorney since the Attorney you were working with opted out.

You should have received an honest disclosure and a copy of the inspection report. Any material fact that was not disclosed and would have impacted your purchase is a breach of the disclosure requirements. Email is not the issue in this case. Withholding information is the issue. How can assist you from here?

Customer: replied 19 days ago.
I am sorry for not getting back to you. My apologies.....
The Inspection report was done 2 days before the Sellers Disclosure was done. Even though there are material defects not disclosed, the pre-inspection sent, even though I did not receive it, is disclosure. However, you are correct, the inspection report does not rule out a falsified disclosure. However, it does disclose, if that inspection report states what I am stating are issues. They are arguing that the Pre-Inspection report was not actually received by the Seller until after the Sellers Disclosure was filled out. So, even though the Inspection report pre-dates the Sellers Disclosure, the Actual Pre-Inspection report did not"arrive" until after the Disclosure was filled out. So, the Seller was not misrepresenting facts she knew at the time. Is this a valid argument? And any case law that would support this? Because I am going against a trained and knowledgeable attorney, I need everything I can get.

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