sellers are required to disclose FIRE DAMAGE on the home they are selling?
by Jeff on Jan.01, 2009, under Renovation
drkestlight asked:
Are sellers are required to disclose certain types of information about the homes they are selling. During a renovation we removed the new floor that the seller had put down before he sold us the home. Underneath was extensive fire damage to the sub floor & beams both in the living room and kitchen. If this information was told to us we would have not purchased the property.
Are sellers are required to disclose certain types of information about the homes they are selling. During a renovation we removed the new floor that the seller had put down before he sold us the home. Underneath was extensive fire damage to the sub floor & beams both in the living room and kitchen. If this information was told to us we would have not purchased the property.
What can be done about this? Legally the seller should have said something? Reality agent have a responsibility?
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6 comments for this entry:
January 2nd, 2009 on 12:42 pm
Sellers are required to disclose pertinent information about the house DURING THE TIME THEY OWNED IT. It is reasonable to believe that the seller did not know about the damage (based upon the information you provided). If the fire occurred during the time of the seller’s ownership, of course they knew about it and it was illegal for them not to disclose this to you (check your local laws), and you have every right to sue. Most real estate contracts include a paragraph about how you can’t hold the Realtors involved responsible for anything with regard to the condition of a property.
r>
Sellers are required to disclose pertinent information about the house DURING THE TIME THEY OWNED IT. It is reasonable to believe that the seller did not know about the damage (based upon the information you provided). If the fire occurred during the time of the seller’s ownership, of course they knew about it and it was illegal for them not to disclose this to you (check your local laws), and you have every right to sue. Most real estate contracts include a paragraph about how you can’t hold the Realtors involved responsible for anything with regard to the condition of a property.
January 4th, 2009 on 10:17 am
The Seller has complete responsibilty if they knew about the fire, which is not always the case. If the seller exposed the subfloor and saw the damage it would be easy to proove that he intentionally decieved you. You may sue him for damages. However, if you can prove the agent knew its a no-brainer. The agent has an absolute responsibility to disclose that to you. The only caveate is proving that the agent knew of the issue. Contact the local board of Realtors in your area and your state real estate division and they will let you know how to proceed. Additionally, if the Sellers agent was the only agent in the transaction then they may have additional liability. Talk to the two aforementioned entities and then to an attorney. You should be covered and then some if you can prove everything. Also try to get ahold of the flooring company that replaced the floor. If they told the owner or agent about the damage those people will bend over backwards to keep you from suing them.
r>
The Seller has complete responsibilty if they knew about the fire, which is not always the case. If the seller exposed the subfloor and saw the damage it would be easy to proove that he intentionally decieved you. You may sue him for damages. However, if you can prove the agent knew its a no-brainer. The agent has an absolute responsibility to disclose that to you. The only caveate is proving that the agent knew of the issue. Contact the local board of Realtors in your area and your state real estate division and they will let you know how to proceed. Additionally, if the Sellers agent was the only agent in the transaction then they may have additional liability. Talk to the two aforementioned entities and then to an attorney. You should be covered and then some if you can prove everything. Also try to get ahold of the flooring company that replaced the floor. If they told the owner or agent about the damage those people will bend over backwards to keep you from suing them.
January 7th, 2009 on 10:12 am
look at the documents signed – if you signed a paper stating that you did not want an Home Inspection – you probably don’t have a case…..however – it’s still worth checking on. Talk with your real estate agent and their broker. They should be able to tell you.
If you had a Home Inspection – they would/should have looked under the house at the beams etc. (depending on where they’re located). If they didn’t find anything – and you can prove that they should have – you can get $$ back from them. Home inspectors take on the responsibility of insuring that you are purchasing a home free of major defects etc. when they are hired.
hopefully this has made sense – it’s way past my bedtime!
r>
look at the documents signed – if you signed a paper stating that you did not want an Home Inspection – you probably don’t have a case…..however – it’s still worth checking on. Talk with your real estate agent and their broker. They should be able to tell you.
If you had a Home Inspection – they would/should have looked under the house at the beams etc. (depending on where they’re located). If they didn’t find anything – and you can prove that they should have – you can get $$ back from them. Home inspectors take on the responsibility of insuring that you are purchasing a home free of major defects etc. when they are hired.
hopefully this has made sense – it’s way past my bedtime!
January 10th, 2009 on 5:16 pm
yes they should tell you. ck out the link it tells you all about it
r>
yes they should tell you. ck out the link it tells you all about it
January 13th, 2009 on 1:25 am
Some of the answers you got on your question are not entirely correct. It depends on the laws in your state. For instance, in PA, you sign a seller’s disclosure and disclose all previous problems you are aware of, even if they were resolved BEFORE the seller owned the property. That means if there was a house fire two sellers ago, it should have been on the disclosure submitted to you for signature, if your seller knew about it. Now, you did not state whether the sub-floor and beams need to be repaired. Will you incur additional expenses to repair the damages? If so, go see a lawyer immediately. If the home does not need repair, you may feel betrayed, but is there an economic reason to pursue an action? See a lawyer! If your home inspector didn’t find the damage, what makes you think the realtors could see it? They can’t deliberately conceal information of which they are aware, but they can’t be expected to see what is covered and doesn’t look suspicious. Also, most insurance companies run claims reports before insuring a property. Apparently it did not come up, or you might have had trouble obtaining insurance. When a house has had claims, it usually costs more to insure it. Best of luck to you. You need legal advice.
r>
Some of the answers you got on your question are not entirely correct. It depends on the laws in your state. For instance, in PA, you sign a seller’s disclosure and disclose all previous problems you are aware of, even if they were resolved BEFORE the seller owned the property. That means if there was a house fire two sellers ago, it should have been on the disclosure submitted to you for signature, if your seller knew about it. Now, you did not state whether the sub-floor and beams need to be repaired. Will you incur additional expenses to repair the damages? If so, go see a lawyer immediately. If the home does not need repair, you may feel betrayed, but is there an economic reason to pursue an action? See a lawyer! If your home inspector didn’t find the damage, what makes you think the realtors could see it? They can’t deliberately conceal information of which they are aware, but they can’t be expected to see what is covered and doesn’t look suspicious. Also, most insurance companies run claims reports before insuring a property. Apparently it did not come up, or you might have had trouble obtaining insurance. When a house has had claims, it usually costs more to insure it. Best of luck to you. You need legal advice.
January 16th, 2009 on 1:52 am
Linkus86 is way the hell wrong. You have the responsibility to disclose any material information you know about the property, regardless if it was about something that occurred in your period of ownership or before. It may have been the case that a former owner didn’t disclose to your seller the damage, and they really didn’t know about it when they sold it. But unfortunately, now you know about it, and it becomes your obligation to disclose.
r>
Linkus86 is way the hell wrong. You have the responsibility to disclose any material information you know about the property, regardless if it was about something that occurred in your period of ownership or before. It may have been the case that a former owner didn’t disclose to your seller the damage, and they really didn’t know about it when they sold it. But unfortunately, now you know about it, and it becomes your obligation to disclose.