Jackson, OH asked in Contracts and Real Estate Law for Ohio

Q: I signed a contract to purchase a home there was a disclosure issue and now I want out.

When we viewed the home there was mention on a disclosure form of a minor structural issue that had been repaired and had an accompanying engineers letter and warranty with it. Before signing the contract however I was not able to see that document. During the inspection I walked with the inspector and was amazed at what I saw. A very large section of wall in the basement was pushed inward nearly 4 inches. The repair had been done however new areas of leakage were now appearing. In a bedroom along the back wall there are areas that being presses inward right now nearly 1/2 inch in several areas and certainly need an engineer to review and determine a remedy. I have been in construction for over 50 years and have seen situations like this before and the only remedy is very expensive. The home is on a hillside so water control is a major concern. My agent tells my that I would be in breach of contract if I tried to back out now but I believe that these things were withheld

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1 Lawyer Answer
Nicholas P. Weiss
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Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: Do not listen to your agent. You purchased the house subject to a successful inspection. It failed the inspection. You can now rescind your offer.

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