Tag Archives: real estate attorney

What If Bought A Home And Defect Not Disclosed And Did Not Use An Agent

Betty asks…

What rights does a home buyer after closing?

We bought a house that was for sale by owner and we came without a real estate agent. Since buying the house we have had several major repairs ( that repairmen indicated were a result of ongoing problems).  Can I request that the seller pay for repairs since they didn’t provide a disclosure statement?

admin answers:

You need a Real Estate attorney.

I know that there are Real Estate transactions that occur without an agent.  Usually its because the seller does not want to pay the commission involved in paying the real estate agent.  Since it typically falls on the seller not the buyer.  But an agent looks out for you in the transaction making sure all disclosures are signed and that all information that should be disclosed is disclosed, and that is considered material.   This is not to say that there are not Real Estate agents that do not bend the rules or just try to close the deal, and that there is never an issue when doing a transaction with an agent.  No matter what occupation, you will always have some bad apples in every industry.

As for your situation typically, failure to provide such a disclosure entitles a buyer to a specific remedy,  but a lot of that may be dependent on what you signed in your contract and what you may have agreed to prior to closing.   You need to get with a real estate attorney and see what remedies are available to you.

The “problems” may be the responsibility of the former owner regardless of the Disclosure issue. If you are to make out a claim against them, you’ll probably need to prove four things ( so see a local attorney):
1. Did They KNOW about the problems ?
2. They intently not tell you ?
3. Was there no way for you to know otherwise without them telling you?

Good LUCK !!

 

 

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