JudyKayTee
Apr 30, 2008, 07:07 AM
The situation is: purchaser hires inspector to check property prior to closing - no problems; sale goes through; Affidavit of full disclosure by seller - no defects; purchase closes, purchaser moves in, husband/wife/2 children.
Month later purchaser is talking to neighbor who comments that she thought there would be difficulty selling house because seller's husband was found dead in house after something like 2 days while wife out of town.
I think the legal term is "Purchaser freaks." :)
Purchaser now wants to set sale aside - claims damages (nervous, can't sleep, fearful, afraid to be alone in house, afraid for children's safety, believes in ghosts) and makes claim that substantial/important info was withheld, would not have purchased had they known. Thinks the inspector should have found this out which I think is ridiculous.
Seller's Attorney says, no, this is not substantial and this did not have to be disclosed AND the neighbor is the one to be sued.
Who knows why people do/say what they do and say... but I don't think (from what I have determined) that there was any malice on the part of the neighbor. I think it was just "idle" conversation. No allegation of foul play - sounds like husband had a heart attack. The neighbor (and, again, who knows) did make a statement that "that's why the rug had to be replaced" so to that extent only I question what was going on with the neighbor and why she would say that - ?
I'm not involved in this personally - it's a work situation. I don't have a side (I only seek out the facts/truth) but anyone have a thought or opinion? I'm pretty much finished with my part but I find this one pretty interesting!
Anyone?
(If this should be on discussion board, please move.)
Month later purchaser is talking to neighbor who comments that she thought there would be difficulty selling house because seller's husband was found dead in house after something like 2 days while wife out of town.
I think the legal term is "Purchaser freaks." :)
Purchaser now wants to set sale aside - claims damages (nervous, can't sleep, fearful, afraid to be alone in house, afraid for children's safety, believes in ghosts) and makes claim that substantial/important info was withheld, would not have purchased had they known. Thinks the inspector should have found this out which I think is ridiculous.
Seller's Attorney says, no, this is not substantial and this did not have to be disclosed AND the neighbor is the one to be sued.
Who knows why people do/say what they do and say... but I don't think (from what I have determined) that there was any malice on the part of the neighbor. I think it was just "idle" conversation. No allegation of foul play - sounds like husband had a heart attack. The neighbor (and, again, who knows) did make a statement that "that's why the rug had to be replaced" so to that extent only I question what was going on with the neighbor and why she would say that - ?
I'm not involved in this personally - it's a work situation. I don't have a side (I only seek out the facts/truth) but anyone have a thought or opinion? I'm pretty much finished with my part but I find this one pretty interesting!
Anyone?
(If this should be on discussion board, please move.)