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Buying or Selling a Home/Flood Damage
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Question
I live in Washington State and we bought a home in July 2007 it has a full finished basement. A week ago it snowed about a foot and then it all melted the next day, our gutters froze and all the water from the roof flowed down into our window wells which are about four feet deep and flooded our basement. There was about 3-5 inches of water. According to our neighbors this is the third time in a year the basement has flooded and the previous owners never disclosed this to us. We had an inspection done on the home before buying and it mentioned that moisture may get into through the windows but nothing about possible flooding. What can we do about this, our insurance does not cover it! Will we be able to sell this house in the future?
Hey, Candis.
A basement by its very definition of being below ground is subject to flooding through not only the windows, but also through the walls since concrete is porous. Your home inspector was correct in mentioning the moisture problem. However, if your neighbors are willing to testify on your behalf, then you might have a serious legal issue resulting from the lack of disclosure, especially if it's flood so many times within the past year. Considering that the after-effects of flooding usually are quite visible, if neither you or your home inspector noticed anything, and your neighbor's memory is correct, then that would seem to indicate that the sellers did some serious repair work, which would also seem to indicate that they knew about the flooding and should have disclosed it.
I would recommend contacting five parties, in this order:
1 - Your home inspector
2 - Your Realtor
3 - The seller's Realtor (through your Realtor)
4 - The sellers (through your Realtor and their Realtor)
5 - A good real estate attorney.
I'm hoping that you don't get to #5, but be prepared to, so start getting some attorney references while you are doing 1, 2, 3, and 4.
Good luck.
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Russel Ray
Expertise
Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.
Experience
Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.
Organizations
National Association of Certified Home Inspector, Better Business Bureau of San Diego
Education/Credentials
Graduate of Texas A&M University; College Station, Texas
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