Q: Can I pull out on residential contract?
Seller failed to disclose previous known water penetration not due to flooding on Sellers disclosure, resulting in a $145,000 insurance claim, that was rewarded.
Seller apparently told my agent who failed to tell me. I found out through my own insurance agent after being asked a few questions about the property, and if we knew about the rewarded claim. We have notified seller we are backing out of contract due to misrepresentation/etc. we do not want to pay 900k on a home that has had extensive previous damage and feel deceived. Seller is stating he did tell our Realtor and he is not liable. The seller is also a broker.
Is this true if we were not notified and it is not on sellers disclosure?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (631) 339-6228
- View Profile
- Answered
A:
I would have to see the contract you signed to give you solid advice.
Nevertheless, Notice of problems with the house and defects is required by the seller. However, sometimes, even though seller signed a disclosure, they can escape liability, where the contract says buyer takes property "AS IS."
If the seller did tell your broker, and she failed to tell you, it is her fault and thus, her liability. That doesn't mean you can not cancel the sale. You can not be forced to buy a house you have learned has defects. The seller would have to go after your broker, if the closing has not happened yet.
I hope this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
