Ask Experts Questions for FREE Help !
Ask
    Jimmy8's Avatar
    Jimmy8 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 31, 2012, 02:05 PM
    Failure to disclose drainage problem
    I purchased a home and later discoved that it had a drainage problem. Contacted sellers real estate broker, he said he knew nothing about this and it was not disclosed by the seller. Later the real estate broker,in a letter, quoted the seller as saying "he knew about the problem but just looked at it as free water." Since the sale the seller has moved to Texas from Colorado. The estimates are from $7500 to 16,000 to correct the problem. I want to file a small clains suit but in what state do I do it in.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Mar 31, 2012, 02:44 PM
    You probably want to sue in Colorado. If you can sue in Texas, you are going to need to have the realtor testify. Perhaps you can use a deposition, but I doubt that small claims rules allow for the taking of depositions.

    The big problem you have is that your damages may be above the small claims jurisdiction amount in either state.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Mar 31, 2012, 02:48 PM
    AK is correct $7500 is the ceiling for small claims in CO. However, you have not told us what exactly is the drainage issue so I can't even start thinking if you could win. What is meant by ""he knew about the problem but just looked at it as free water." "
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Mar 31, 2012, 02:53 PM
    But I was incorrect about being able to sue in Colorado small claims court. Their small claims rules require that the defendant reside in Colorado.

    The maximum you can recover in Texas small claims court is $10,000
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Mar 31, 2012, 02:54 PM
    Missed seeing that forest because of this big tree in front of me.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #6

    Mar 31, 2012, 02:59 PM
    Quote Originally Posted by ballengerb1 View Post
    Missed seeing that forest because of this big tree in front of me.
    Ok. But did you mean $75 K?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #7

    Mar 31, 2012, 03:01 PM
    Nope, $7500, my finger had a stutter, now corrected
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #8

    Mar 31, 2012, 03:20 PM
    And real estate law can be somewhat confusing so I would advise an attorney for this.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Failure to disclose ongoing water problem [ 2 Answers ]

High water table - not disclosed by seller. House had basement flooding problem in the past, seller reported it as one time water seepage-basement flooded because of power outage - not true.

Failure to disclose sewer hookup fee [ 1 Answers ]

We just closed on a bank owned, foreclosed property. We were told the name of the utility company to connect service to by the realtor. It was not the correct company. When we found the correct one, we were told that we would need to pay about a 4,000.00 sewer connection fee. Apparently, the...

Failure to disclose location of septic tank [ 3 Answers ]

We bought a house in NC. About 3 years ago. It was one parcel split in two. The owners Daughter still lives on one parcel. We'll I am 95% sure my septic tank is on the other side of the fence onn their parcel. But the seller ,which didn't own it long and was the Mortgage Broker for the house Claims...

Can I break a lease do to failure to disclose all responsibilities? [ 1 Answers ]

I signed a lease for my small business (restaurant). In the lease it states that the liqueur licence stays with the building if I move or default. The lease said I only had to pay the yearly liqueur licence fee. I am currently under a management agreement with the licence until it was able to...

Seller failure to disclose - buyer has proof [ 4 Answers ]

After we bought the house last November we found several problems with the house and we have proof ( one written, other verbal) that he knew about the following things: - previous termite infestations - his disclosure said there were none. We found the termite letter HE got when he bought the...


View more questions Search