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New Member
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Jul 22, 2013, 04:27 PM
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Seller lied on property disclosure and the realtor knew
I just purchased a house in Westerly RI June 24th. Seller stated that no water came into the basement, as well as a number of other problems that he knew about, broken windows where glass was completely removed, and only the storm window was there. Wood rot on deck, one post was removed and putty put into the broken end and painted over.
The whole house was painted just before putting on the market which covered water marks...
I began moving into the house about a week and a half after closing, went I arrived, there was a light coating of mold growing on door at basement level, it's a raised ranch.
I mentioned this to a neighbor who told me he had been down there after some rains recently and the rug was like a sponge. I told this to the sellers realtor, by text, and she texted me back that he told her that water had been down in the basement in the past. Yet she did not make sure he disclosed this, she told me he told her this in May and in fact she went at a later date and check that the rug was dry. I have this text. So she knew, and he knew there is some wood rot, mold behind the wood paneling and other areas of the basement, I have taken off much of this moldy wood, and in doing so found a crack in the foundation that has been repaired, also stated in the disclosure that there were no repairs to foundation.
Seller lived in the house for 13 years.
Is there any law that protects a buyer who trusted the seller, is the seller or the realtor liable for any misstatements in RI
Thank you for any help,
Hurting in Westerly RI, Tom
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Uber Member
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Jul 22, 2013, 04:30 PM
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Did you or didn't you hire your OWN home inspector before you went to close?
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Expert
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Jul 22, 2013, 04:34 PM
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 Originally Posted by smoothy
Did you or didn't you hire your OWN home inspector before you went to close?
I was just going to ask that
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current pert
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Jul 22, 2013, 05:08 PM
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Again and again buyers rely on the property disclosure when they should have an inspection, which clearly you didn't have.
You can try suing both the seller and the agent. You might have a case, even though the questions are designed to be answered to the best of the seller's knowledge, and even though the agent represents the seller, not you. He can still be a weasel and say he just had the place painted without noticing mold. He can say he never was around when there was water. He can play innocent and get away with it in court.
It was a BAD idea to rely on the disclosure!
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Computer Expert and Renaissance Man
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Jul 22, 2013, 05:46 PM
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Was the realtor hired by you? If not they represented the seller not you. If you were foolish enough to buy a house without having your own inspector check it out, you are unlikely to have any recourse.
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Uber Member
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Jul 22, 2013, 05:53 PM
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I paid $100 for a home inspection when I bought my house years ago... yeah they missed one thing... but nothing else I ever discovered...
Compared to the cost of a house, and closing costs... the cost of a home inspection is mere pennies.
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Expert
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Jul 23, 2013, 05:57 AM
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Even though the OP should have had a home inspection done, the statements made by the seller and realtor may be enough to get the OP reimbursed for some, if not all, of the cost of repairs. I would file a lawsuit against both the seller and realtor as soon as I had written estimates for all of the repairs.
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