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Kell17 · Aug 27, 2009, 07:38 AM

I signed a contract and moved into a house - rent with the option to buy. I was very specific in asking the owners about any problems with the house - I was told there were none. I signed the contract - in the contract it says that we the renters are responsible for all repairs. I had to put $2000.00 down the montly rent. After moving in I discovered many problems; big leaks in the roof, plumbing, etc. The owners will not fix it. I am still renting and feel they are responsible. Plus, I don't believe that anyone would give me a mortgage on a house that needs a new roof.

Who is responsible for the repairs and do you think I can get my money back for the down payment since they told me there were no problems with the house and that was a false statement?

stevetcg · Aug 27, 2009, 07:51 AM

First question: did you get a statement about repairs needed in writing?

Kell17 · Aug 27, 2009, 08:01 AM

I sent her an email and spoke to her about them over the phone

stevetcg · Aug 27, 2009, 08:14 AM

If you have a record of them saying that there were no repairs needed (like an email) you have a solid case.

You should be able to get your money back and cancel the contract. You may need to get a lawyer to do so however. Although I suspect it might fall under small claims and no lawyers allowed there...

Kell17 · Aug 27, 2009, 08:17 AM

I have no record of her saying that the house needs repairs or anything - when we moved in she said there were no problems with the house and she still says she didn't know of any - but these are big major problems.

Thanks for the help!

stevetcg · Aug 27, 2009, 08:33 AM

Originally Posted by Kell17

I have no record of her saying that the house needs repairs or anything - when we moved in she said there were no problems with the house and she still says she didn't know of any - but these are big major problems.

Thanks for the help!

If I were in your position, I would speak with a real estate attorney in the area. You definitely have a case.

excon · Aug 28, 2009, 05:41 AM

Hello K:

You also have a BAD agreement... The landlord is taking BIG advantage of you. If it were me, when I spoke to the real estate lawyer Steve recommended, I'd ask him how I can get OUT of my deal.

I say you have a BAD agreement, because while you are a renter, the owner of the house, which is your landlord, is responsible for repairs. Why should you fix HIS house. It's Going to be yours, but you shouldn't put a nickel into it until it IS.

excon

ScottGem · Aug 28, 2009, 06:04 AM

First, why did you not have an inspection before signing the contract?

Second, the contract states that you are responsible for repairs. You should not have signed such a contract without an inspection. Obviously the repairs necessary were not that obvious when you viewed the house.

Third, without any proof that the owner stated no repairs were needed, your haven't much of a case.

So what you need to do is have someone inspect the house and list any repairs necessary. That someone will also need to state that the condition of the property had be known to the owners. Unless you can get that, then you are stuck. As much by your own folly as the owner's possible conniving.