I am 2 weeks away from purchasing a home..after a licensed…

Question

I am 2 weeks away from purchasing a home..after a licensed inspector said that
there did not appear to be any leaks in foundation. I went to the home
today..and as a random act of kindness I turned hose on and watered a rose which
was in a brick built iin planter box along side a stone wall. I noticed water
pouring towards a crack in the corner of the building. I asked my realtor to
recheck inside...there was water pouring into the basement right from where I
had been watering the rose. He dug some dirt away from building and said
something isnt right there and they will look to see the cost of the repairs. At
this point I want to buy it still...but I want it completely fixed first. Whose
expense is it? give me tne best and worst scenerios. I lifted all my subjects
already and the realtor has a 3000 down pay. in trust.

Debra · Accepted Answer

Debra Thal (username) :

Does it look like they tried to cover this problem up?

Debra Thal (username) :

Is it clear they knew about it?

Debra Thal (username) :

Did the inspector not have a dampness recorder?

Debra Thal (username) :

Have you spoken to the inspector?

Debra Thal (username) :

What has been the reaction of the vendor?

Customer:

where the water seeped out onto basement floor...this room is a storage room.
and there were boxes of tiles, bifolding closet doors were stored/pressed up
against the bottom of the wall on the floor against the leaking wall. Their
disclosure that they initialed indicates that they were unaware of any leaks in
walls, etc. The inspector used his dampness recorder and said it was dry in
there. I spoke to the inspector and he said he will come and help me fix a small
crack in a different place on the same wall...after I purchase the home.
posession date is on June 1st. The realtors are going to look at it together
tomorrow, and then discuss with the vendor.But my realtor indicated that it is
not my responsibility.

Customer:

That built in brick planter runs along the length of a stone wall. it was bone
dry and obviously hadnt been watered for years

Customer:

it is covered by the eves of the house

Debra Thal (username) :

Generally the law with respect to the purchase of homes is that the purchaser
has the right to inspect the home for defects. If the Purchaser decides to buy
the home then generally the law can be summed up by the well known phrase "buyer
beware." The legal phrase for this is the Latin phrase caveat emptor.

However, at the same time the Vendor is not permitted to misrepresent, fail to
disclose or actively try to hide defects.

As well the vendor has a duty to disclose a latent defect if it's substantial.
This usually includes defects that render the premises uninhabitable or unfit
for the use the Purchaser is planning for. It would also include the situation
where the cost to repair is going to be substantial as well.

Customer:

so, at this time...could it be possible that they may say they will fix it...as
now an entire small community who knows each other will be aware of the problem.
I mean, isnt it in ther best interest to appease the buyer by fixing it?/

Customer:

It wasn't disclosed. So if they shake their heads and say we didnt know...what
happens next?

Debra Thal (username) :

Yes they should fix i.

Debra Thal (username) :

it.

If they don't agree I think you can have your lawyer threaten a lawsuit because
even if the didn't know when they sold it the do now and you should get what you
paid for.

Debra Thal (username) :

The one troubling point is that your inspector didn't find dampness.

Customer:

right

Debra Thal (username) :

So I would speak to your lawyer but if they refuse to fix it I think it's likely
best to close the deal and sue them for the cost of the repairs.

Customer:

ok ic

Customer:

I will call my lawyer in the morning

Debra Thal (username) :

Good idea.

I am sorry this happened to you.

Customer:

thanks

Customer:

what would happen if I backed out of the contract?

Customer:

do I lose my 3000? can they sue me?

Debra Thal (username) :

They can sue you for the full contract.

Customer:

ic

Customer:

so I am bound to the purchase

Debra Thal (username) :

Probably unless it turns out that the basement leaking issue is quite
substantial.

Customer:

and there is no legal way to get them to fix the cracked foundation

Customer:

other than buy and then sue

Debra Thal (username) :

That's likely the only way if you need a court order.

Debra Thal (username) :

But I would guess once your lawyer is involved they will make you an offer by
way of settlement.\

Customer:

ok ic

Customer:

thankyou for your help

Customer:

gnight (:

Debra Thal (username) :

You too but I guess it won't be. I am so sorry!

Customer:

me too!!

Customer:

I clicked on accept twice...does that mean you got paid twice??

Debra Thal (username) :

It actually didn't work either time. It didn't go through at all!

I am 2 weeks away from purchasing a home..after a licensed…

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