gregorygarver.com

SteveS · Joined: 10 Nov 2006 Posts: 8

I purchased a home and later found that a known problem existed at the time of the sale. The seller had made attempts to repair the problem. The Property Disclosure Form required that the owner disclose any attempted repairs to this specific item in the previous 5 years. The prior owner is now claiming that their realtor told them not to disclose the problem. Does this absolve the seller from liability? The real estate contract clearly says that the realtor is not an attorney and does not provide legal advice. I think it is rediculous that they are trying to use advice from the realtor as an excuse. Also, the statute of limitations is not an issue in this case. Thoughts?

Thomas · Joined: 15 Nov 2006 Posts: 4

From the way I understand your question, if the previous owners deliberately lied on their property disclosure to hide something then you have legal recourse against them. I would hire an attorney and sue them if the problem is or will ever get expensive.

roy_s_jones · Joined: 19 Nov 2006 Posts: 4

The realtor has nothing to do with your problem. There is just no excuse at all. If you sue them, maybe they can sue their realtor.

PTL · Joined: 23 Nov 2006 Posts: 2

I'm not a lawyer or a realtor. However, I am almost certain that the seller must disclose that information. The seller had an attorney that represented them during the sale. I would recommend that your attorney contact their attorney. If there is a disclaimer absolving the realtor of any legal wrong-doing, then the next step is contacting the attorney involved. I believe if the realtor PURPOSELY misled the seller, then there is a problem.I ran into a huge ethics issue with a realtor when I was selling my home (a waterfront, much-desired condo complex in Massachusetts). I was selling my property, put it under agreement, but then the buyer's realtor let the sale fall through purposely! We found out it was on purpose because she had the opportunity to list a similar condo in the same complex! So she let the sale fall through on my property and sold HER listing to ther buyer! I was SOOO mad! I decided not to pursue it in court, but she was absolutely responsible for the sale falling through.

sloop_sailor · Joined: 27 Nov 2006 Posts: 3

The best course of action is to contact an attorney to see what your legal options are. Many will give you a free consultation to determine if you do have a case and whether it is to your benefit to pursue it.

SearchlightCrusade4737 · Joined: 01 Dec 2006 Posts: 5

So their realtor advised them to violate the law and they did?Get an attorney. NOW. Looks like you've got one heck of a case.Sue not only the seller and the agent, but the brokerage they work for as well. And while you're at it, make a formal complaint to your state's Department of Real Estate. Nitwits like that don't belong in the business.

KarenR · Joined: 05 Dec 2006 Posts: 4

The seller is required to disclose. If the REALTOR is aware they are required to disclose. Period. They didn't. I would contact the broker of the real estate office. If you get no satisfaction there contact an attorney. You can also file a complaint with the Association of REALTORS assuming the REALTOR was aware of the problem.

KYRealEstateGuy · Joined: 10 Dec 2006 Posts: 4

I don't think that the argument of 'my realtor told me to' would stand up in front of a judge. If it is a seriaous enough defect I would consult an attorney, or look into small claims court.

darellkonner · Joined: 25 Jan 2012 Posts: 11 Location: fds

The seller had made attempts to repair the problem. The Property Disclosure Form required that the owner disclose any attempted repairs to this specific item in the previous 5 years. The prior owner is now claiming that their realtor told them not to disclose the problem. Does this absolve the seller from liability?