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TennesseeHad home inspection done. Did not see due to no

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rain. Was not disclosed in...
TennesseeHad home inspection done. Did not see due to no rain. Was not disclosed in disclosure sheets. Rained yesterday. Seeing prior water spots showing thru newly painted ceilings thruout several rooms. Bought home 3 weeks ago. Any legal recourse??
Submitted: 1 month ago.Category: Real Estate Law
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10/3/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,406
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Customer reply replied 1 month ago
Answer?
Customer reply replied 1 month ago
Is there a answer to my question??
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

My apologies, it takes a moment to type a response. Can you attach a copy of your contract?

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

If there was a known leak that the seller failed to disclose you have recourse. A seller must disclose known defects.

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Customer reply replied 1 month ago
NoWanting to know laws in Tennessee.
Real Estate Disclosure Laws.
Customer reply replied 1 month ago
If water spots are showing thru fresh painted celings after a rain, and nothing was disclosed, what is my options?
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Yes, I was pulling up the disclosure laws. Thank you for your patience.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

http://lawdigest.uslegal.com/real-property/seller's-disclosures/5163/

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Customer reply replied 1 month ago
Is my real estate agent suppose to help me with this? Or my closing attorney?How should I proceed. ?We took pics 3 weeks ago and no water spots are on ceilings.
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

"66-5-208. Remedies for misrepresentation or nondisclosure.

(a) The purchaser's remedies hereunder for an owner's misrepresentation on a residential property disclosure statement shall be either:

(1) An action for actual damages suffered as a result of defects existing in the property as of the date of execution of the real estate purchase contract; provided, that the owner has actually presented to a purchaser the disclosure statement required by this part, and of which the purchaser was not aware at the earlier of closing or occupancy by the purchaser, in the event of a sale, or occupancy in the event of a lease with the option to purchase. Any action brought under this subsection shall be commenced within one (1) year from the date the purchaser received the disclosure statement or the date of closing (or occupancy if a lease situation), whichever occurs first;
(2) In the event of a misrepresentation in any residential property disclosure statement required by this part, termination of the contract prior to closing, subject to the provisions of § 66-5-204; or
(3) Such other remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.

(b) No cause of action may be instituted against an owner of residential real property subject to this part for the owner's failure to provide the disclosure or disclaimer statement required by this part. However, such owner would be subject to any other cause of action available in law or equity against an owner for misrepresentation or failure to disclose material facts regarding the subject property that exists on July 1, 1994.

(c) No cause of action may be instituted against a closing agent or closing attorney for the failure of an owner to provide the disclaimer or disclosure required by this part or for any misrepresentations made by a seller on the disclosure form supplied to the purchaser pursuant to this part.

(d) The failure of an owner to provide a purchaser the disclosure or disclaimer required by this part shall not have any effect on title to property subject to this part and the presence or absence of such disclosure or disclaimer is not a cloud on title and has no effect on title to such property.

[Acts 1994, ch. 828, § 8.]" http://lawdigest.uslegal.com/real-property/seller's-disclosures/5163/

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

"(1) An action for actual damages suffered as a result of defects existing in the property as of the date of execution of the real estate purchase contract; provided, that the owner has actually presented to a purchaser the disclosure statement required by this part, and of which the purchaser was not aware at the earlier of closing or occupancy by the purchaser, in the event of a sale, or occupancy in the event of a lease with the option to purchase. Any action brought under this subsection shall be commenced within one (1) year from the date the purchaser received the disclosure statement or the date of closing (or occupancy if a lease situation), whichever occurs first;

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Customer reply replied 1 month ago
Laymen terms plz!!
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

You can sue the seller for your damages.

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Customer reply replied 1 month ago
Is this saying seller is liable?
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Yes. Exactly.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

The seller must disclose these matters. The seller covered up the damage and did not disclose this to you.

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Customer reply replied 1 month ago
What if they say they did not know?
We have not contacted them yet.
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

How did it become concealed if they did not know? That will no work for them. You did not buy the property as is.

"Making Real Estate Disclosures in Tennessee

State law in Tennessee (Tennessee Code Sections 66-5-202 and 66-5-210) requires that sellers provide buyers a disclosure form (unless the buyer waives this and agrees to purchase the property “as is”). To assist sellers in meeting their disclosure responsibilities , the Tennessee Association of Realtors offers a disclosure form, which includes extensive details on the property, including:

  • known defects, such as in floors or heating system
  • environmental hazards, such as mold or contaminated soil
  • alterations made without a permit
  • items included in the sale, such as a hot tub, and whether or not they are in operating condition
  • structural damage from fire or other natural disasters
  • neighborhood noise problems, and
  • other specified details of the property.

In addition, if your house was built before 1978, you must comply with federal Title X disclosures regarding lead-based paint and hazards. See the lead disclosure section of the EPA’s website, for details.

Failure to meet seller disclosure responsibilities may result in major legal problems." http://research.lawyers.com/tennessee/selling-a-house-in-tennessee.html

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Where in Tennessee is the property located so I can provide a link for Attorneys in your area that provide FREE consultations?

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Customer reply replied 1 month ago
Huntingdon Tn
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Thank you. One moment please.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

The State Bar Association can also refer reputable Attorneys at http://www.tba.org/info/find-an-attorney

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You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Do you have any additional questions for me?

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Can you tell me why you posted a question mark?

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

If you would be kind enough to rate my service positively so I will receive credit for my work and time I would appreciate it. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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Attyadvisor
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Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.

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