Expert: Dick Dennis - 11/28/2009

Question
My cousin just bought a Stucco home in NM that wast severally cracked but was told by both the realtor and inspector that was just settling and was ok. I have done some research for him which indicates that this is not true and in fact has many cracks that are damaging to the house.

Does he have recourse to get out of this sale now that it is aware of the problems.

Thank you for any information you can give me. Jim

Answer
First, Jim, your cousin should have received a property condition report (of some kind, depending on the state) signed by the seller. Also, your cousin should have had the property inspected by a licensed inspector. If your research indicated they were not telling him the truth, then one of two things was happening: either, the inspector was lying or that property is an older property which undoubtedly would have had settling cracks like most older homes have.

If your cousin has not closed on the house yet, then he certainly may say, "Hey wait a minute!" And have another inspector check out the property and report to him. Otherwise, I detect a little bit of "buyer's remorse" here. Your cousin should keep this in mind: In real estate, if it was not in writing, it was never said. So, if the Realtor and Inspector "told" your cousin about the condition of the property, that doesn't count. He should get it in writing. Period.

I do wish you well.

Dick Dennis