Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
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.
I will opt out to give another Attorney the opportunity to further assist you.
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?