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RTFC

Joined: 08/08/2003 Posts: 6670
Likes: 3512


Couple questions


Did the previous owners have a report or is there some other evidence (previous repair estimates, etc.)that show they "knew" there was hail damage? If so go after them.

or was there a hail storm say five years ago and someone else pointed this out after the sale? Did you hire a home inspector? (there are some scams and some good ones) Asphalt shingles can be damaged by a hailstorm to a point that the useful life is shortened - but it is not visually evident unless there is a close inspection, typically requiring lifting some shingle tabs - not usually done on most home inspections. (I have previous experience with this doing forensic investigations on commercial buildings) They really can't disclose something they don't know about and they really can't disclose all weather events from years ago that may have caused an issue.

As far as the carpet, I know many cat people that have no idea how bad the place stinks, they are just used to it - some use the plugin type things all the time, others don't. Some of these people would truly think there is nothing to disclose - it is how they live - the level of this acceptance is different with everyone. Again, if you can prove any willful act to try and deceive, that is another thing.

From my own perspective - would I be required to "disclose" that 5 years ago Rover had a couple accidents at the doorway as a puppy when we were training him? Raising teenage boys I'm sure there are some things that happened to our house that I don't know about - and probably don't want to know.

IMHO, when buying a previously owned house you got to expect that some of the life's everyday mishaps happened there - there just can't be willful deception, or not disclosing a major defect that has been previously pointed out to the seller. Your particular case may or may not cross that line - depending on who you talk to - or who the judge/jury is at a trial.

(In response to this post by HokieMacDaddy)

Posted: 05/22/2019 at 3:03PM



+1

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Current Thread:
 
  
Litigation rant -- HokieMacDaddy 05/22/2019 1:54PM
  Define -- RTFC 05/22/2019 8:42PM
  I have proof Previous owners of my house -- HOKIE 05/22/2019 6:07PM
  Obviously no walk thru before closing! Your Bad! :) ** -- grill to chill 05/22/2019 4:03PM
  Right, cos we're that stupid -- HokieMacDaddy 05/22/2019 4:14PM
  Again, your opinion -- HokieMacDaddy 05/22/2019 4:52PM
  I have listened, I just don't agree -- HokieMacDaddy 05/22/2019 5:08PM
  What you have listened to -- RTFC 05/22/2019 6:29PM
  I understand why he is upset -- RTFC 05/23/2019 10:54AM
  Beyond a reasonable doubt? ** -- RhinoVT 05/22/2019 5:26PM
  Then I really don't understand what your point was ** -- HokieMacDaddy 05/22/2019 5:13PM
  Because the owners never made a claim -- HokieMacDaddy 05/22/2019 3:38PM
  Curious what you would have done differently ** -- HokieMacDaddy 05/22/2019 3:37PM
  Couple questions -- RTFC 05/22/2019 3:03PM
  "They had multiple reports..." -- Beerman 05/22/2019 5:07PM
  That's wrong too -- HokieMacDaddy 05/22/2019 5:11PM
  That's probably why you're not an attorney -- HokieMacDaddy 05/22/2019 4:02PM
  You're wrong -- HokieMacDaddy 05/22/2019 4:18PM
  It is all in the details... -- RTFC 05/22/2019 3:48PM
  No - they definitely had duty to disclose ** -- HokieMacDaddy 05/22/2019 3:45PM
  No inspection prior to closing? ** -- PhotoHokieNC 05/22/2019 2:35PM
  Good luck. ** -- PhotoHokieNC 05/22/2019 2:38PM
  "Moose, Rocco, help the judge with his wallet" ** -- Brown Water 05/22/2019 2:21PM
  Sure, but how do you force them to? -- HokieMacDaddy 05/22/2019 2:25PM
  $10-20k is cheap. In failure to disclose litigation..... -- CrystalCoveHokie 05/22/2019 2:15PM

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