Discussions

Some people will try and do things like this but not aware that they will be 100% liable if the new owner experienced the undisclosed and could be taken to court if they sell like that. Sadly, there are a lot of issues in Brandon housing right now including dishonest builders! Do your homework people!

We bought our house in 2009 through a realtor and had that exact experience. Water issues galore that were band-aided over, and never disclosed and never caught on home inspection.  
 
We talked to lawyers, but the burden of proof is very, very hard to do. We were stuck with the repair bill and years later we're still trying to put everything back together.

I do not see too much difference between go private or real estate in my experience so it depends of your luck

We took possession of our house just after the heavy rains in '14. There was water: an agreement was made for a hold back on mortgage. (Yes, through our lawyers). We ended up having to rip down walls. We also caught them lying on disclosure. Fast forward 2 years the previous owners refuse to give any monies now... even though it was their neglect that caused the water... they even had the nerve to tell us we should just redo the carpet in basement with indoor/outdoor carpet cause it was old...  
 
Unfortunately people do this (even business owners). There's really not much one can do.  
 
Edited by MrsZ2015, 2016-04-09 08:19:28

When we sold our house in 2012 with a realtor it was in their contract that we were disclosing everything about the property and if we were not we would be liable. So the agreement are in place now it seems if you use a realtor. We had no such issues regardless and even 4 years later we are still in contact with the buyers via our old neighbors and they have nothing but good things to say about us, and how much they still love the house they bought from us!

Green Thumb said "When we sold our house in 2012 with a realtor it was in their contract that we were disclosing everything about the property and if we were not we would be liable. So the agreement are in place now it seems if you use a realtor. We had no such issues regardless and even 4 years later we are still in contact with the buyers via our old neighbors and they have nothing but good things to say about us, and how much they still love the house they bought from us! "

Having a cause in the contract is one thing but trying to action it is another. Your are going to have to prove somehow the previous owners had knowledge and failed to disclose which can be difficult. If there is a paper trail so to speak where they were actively trying to remedy the problem is one thing but with no proof and depending on what the issue is it will very hard to prove and get a judge to side in your favor.

if it is the buyer that is doing the paperwork and chasing process for a claim then buy a house through a real estate agent isn't any better then buy a house privately. You are still doing the work yourself, right?  
A repair was written on the contract and the seller didn't do it and the real estate didn't do anything about it so I paid real estate for what

getting a disclose statement in the contract can be done through a real estate agent or with the lawyers when you purchase privately but if the seller is going to lie it doesnt matter who you have bought off of you will still have to try to get reimbursement through the courts, with the statement in place you may have a better chance but the burden of proof is on you and that can be very hard to get enough off

also know of someone from just south of town that is selling a house that has some major water issues. I am not sure if they have disclosed it or not but for the sake of any new owner I would hope so.