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Buying or Selling a Home/Property Condition & Disclosure

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Expert: - 6/30/2007


Question
I have lived in my current house for 7 years (built in 1968, 2nd owner).  Several years ago I had a seeping leak in a basement wall that leaks badly after several inches of rain.  While replacing the gas line in the back yard about a year and a half ago, we discovered the previous owner had buried drain lines on the side of the house and back porch concrete slab to obviously keep water out of this area.  I am about to tear into the drywall in the finished basement wall to see how big and bad the crack is and what my options are for repair (considering 2-part DIY crack repair kits).  

My question is: If I tear off the drywall and find that the previous owner had made previous repairs to this area that is leaking - do I have any case against the seller/previous owner from the evidence in the basement and in discovering the drain lines to recover costs of repairs since they DID NOT disclose ANY leaks or water problems in the basement???

Answer
Hey, Rob.

Since I don't know what state you're in, it's difficult to answer. However, after seven years of living there, probably not. The statute of limitations has probably expired.

There's also the possibility that the builder installed the drains and that the previous owner didn't know they were there.

The best person to answer your question for your city, county, and state would be a good real estate attorney familiar with the various statutes.

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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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