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Additional Details
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I'm Married Now | Brought a house 2 months ago did a inspection but know find out the basement walls leak can I go after seller? |
There are alot of other things wrong that I know the seller had to know about. So far I have spent cost to $2000.00 in repairs. I have heard of the lemon law for cars and wonder is there anything like that for homebuyers. Because right now all I can do is cry because this the first home I brought. The seller also had to do a village inspection and pass, but I don't know how they passed.
Additional Details
I paid a inspector to inspect the house and the few thing he told me was wrong I had the seller fix, but nothing about the walls leaking water. Also I had a main line sewer back up and the first thing the plumber said is I did not have a acess panel to rod which is not hiden behind anything but the inspector did not notice that. Also yes the house is in the United States right out side Chicago. |
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Andy FF1,2,CrTr,4,5,6,7,8,9,10
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The seller doesn't do the inspection here in the states, the buyer does... That way the inspector is working for the buyer and should identify most problems... You should have hired an inspector BEFORE buying the house... |
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Jamie
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Only if the seller knew about the problem before he sold it and did not disclose the problem to you at the time of the sale. |
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zero
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You had the option before you purchased the home to have a home inspection. If you would have hired a home inspector then they would have noted the problems with the house for you to go over. Then you could have either went to the home owners with a lower offer or moved on to another house. The home inspections are usually around $300.00 and are well worth it. As a buyer it is up to you to protect your investment. All we can do is live and learn. The house was appraised as is, so any repairs you do will up the value of your home. Just consider this a hard lesson learned and make the best of your home. Good Luck & God Bless! |
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Adrian D
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Hi;
I was in a similiar situation when I bought my house in Canada. I had a home inspection prior to purchasing and the vendor warranted in the agreement of sale that there were no leaks. There were basement leaks and these cost me $1500 in repairs. I was able to negotiate with the seller to recoup my losses.
The most important factor is if there is anything in the sale agreement that says the house has no leaks. In Canada, all sellers have to fill in a form to declare any known problems with the house. You may also have a similiar from in the USA. Also the basement leak repair company I hired offered to testify as an expert witness if necessary.
Approach your home inspector and your leak repairman and ask what experience they have had in your area with respect to leaks discovered after house purchases. They will most likely know the proper procedure to follow. You should also speak to your lawyer and have them inspect your sales agreement.
Even if the home inspector had discovered the leak prior to the sale , most home inspection agreements limit damages to the cost of the inspection. So you are not fully protected just by a home inspection alone. The most ironclad protection is to get the leaks recorded in the agreement to puchase.
Best regards and good luck
Adrian D.
www.aaadrafting.com |
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newmexicorealestateforms
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A lot of what you say and ask should have been found as a description or a disclaimer to it on the following forms:
1.) The offer to purchase agreement
2.) The seller's property condition report
3.) The inspector's report
In any case you need a legal begal maybe the one that closed the transaction for you in Illinois
If you feel that you want to pursue more research on the subject you should visit the links herein provided by our research department:
Legislation on Home Inspectors by state: http://64.78.60.23/public/48.cfm
US Better Business Bureau includes local state search: http://www.bbb.org/
LAWS: http://www.ilga.gov/legislation/ilcs/ilcs.asp
Home Inspectors questions and answers: http://www.idfpr.com/FAQ/BRE/toggleBREHomeInsp.asp
STATE’S WEB SITE: http://www.illinois.gov/ and visit the Attorney General's Consumer Protection Department.
Somewhere in there the answers lie.
Buena Suerte |
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same boat
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You have the burdon of proof. You have to proove that the seller knew about each problem. The sellers disclosure is to inform potential buyers about problems but they do not have yes or no answers so they can choose which to answer or put I don't know or just leave blank. If basement wall leak is it seaping through the walls? Or is it flowing over the top of the wall. If it is seapage you can rearely tell with an inspection durring a dry time it rarely leavs marks on the concrete but if it is flowing water over the wall or through cracks in inspector should have found it. Unfortunatly an inspector although you hire them to protect your investment all of them have a clause in there contract releasing liability. To go after the sellers you would have to get your realtor involved and also ask them for a referral to an attorney that specializes in realestate fraud. |
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Scott
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I would say if i am reading this correctly you had inspections done? then you can go talk to the inspection company... going after the seller, 1st better see how the contract is written guarrantees etc on the sellers behalf... Did you or the Seller have a Real Estate Agent? Maybe contact a Real Estate Attorney... |
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doktordbel
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Read your contract. If a licensed inspector passed this house you might have a case. If you did everything yourself, you're probably stuck. |
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tiffany m
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You should have asked for an ispection before you closed. You can require a seller to fix items before you buy or have them knock it off the price. You can read the reports of the inspection so I would ask the real estate agent you went through to see them.
Don't stress, it will get better. |
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Buffy Summers
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You can go after the seller if he or she knew about it and failed to disclose it to you. As soon as you can, get a copy of the inspection the seller did with the village. You can g after the inspector, but you need to find out whether the scope of the examination including leaks like yours. Finally, check your policies and see if you have a home owners warranty. Some sellers include it for a year after purchase. |
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Juanitamarie
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I'm not sure if you live in the U. S. because you mention Village inspection. I've never heard of that here in New Jersey. Anyway, if you did the inspection yourself, you may not have been able to determine the problems in the house. If you had a professional inspector, you should read his report.
Even if you did your own inspection and there were defects in the house, as far as I know, the seller was supposed to be responsible and tell you. They ARE NOT supposed to hide them. |
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flo
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Nope, but i would go after the inspector.........Flo |
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Kathleen M
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In Illinois there is a disclosure form that is required on all transactions. It should have been filled out by the seller and signed by both the seller and you prior to closing. On the disclosure it should have listed all items the seller "had knowledge of" at the time of closing. The problem is, the disclosure only covers items the seller "knew" about. So if they say they didn't know anything was wrong, then you might have a tough time proving it. However, if you can prove the problem is a long standing problem, and the seller had to know, then you possibly could sue. Did you get the disclosure? If the seller did not give you one or have you sign it, then you may be able to sue.
You need to get all your paper work together and go see a lawyer. If you had a lawyer represent you in the sale, he might have copies of those documents. If there was a Realtor involved in the sale they should have copies. If you have the disclosure and it does show those problems and you bought anyway, I don't think you have an recourse. See a lawyer, it sounds like it might be well worth your money. Good Luck |
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