03-18-2010, 11:50 AM
8,007 posts, read
10,428,452 times
Reputation: 15032
Quote:
Originally Posted by
Jennibc
When we bought this house the seller didn't disclose to us that we had no hot water in the front sink. It costs us $2000 in electrical and plumbing work to rectify the situation. Because I hold a JD and have been legally trained, I could sue him and would only incur court costs. But we won't. It's too big of headache for 2000 and technically we did get warm water there and there would be the entire question of whether that was something that legally had to be disclosed under the contract.
Did you have an inspection done? If not, that's sort of your fault. If so, then I would have issue with the inspector. Not that the owner was right to not disclose it, but you sort of have to protect yourself.
03-18-2010, 04:30 PM
Location: Austin, TX!!!!
3,757 posts, read
9,060,121 times
Reputation: 1762
Quote:
Originally Posted by
mm57553
Did you have an inspection done? If not, that's sort of your fault. If so, then I would have issue with the inspector. Not that the owner was right to not disclose it, but you sort of have to protect yourself.
Of course we did. This is our third home. The inspector didn't catch it and apparently it's not something that they usually check. They just turn on the faucets and see if water comes out.
03-19-2010, 07:27 AM
Location: Austin, Texas
544 posts, read
1,667,625 times
Reputation: 155
Quote:
Originally Posted by
XLadylawX
The OP also raises an interesting issue re financing falling through. We keep hearing that lenders are being super strict these days even with qualified buyers. Does anyone here know how hard it is to obtain a loan in Austin these days? I was speaking to a RE Broker in California and she indicated to me that I may have trouble getting financing for a primary residence unless I put MORE than a 20% downpayment because I own another house (now an investment) in California. This is despite the fact that I have good credit and the ability to pay a mortgage.
lenders have gone from approving pretty much blind to placing every candidate under a microscope -- expect loads of paperwork but, if you've got it together, things fly smoothly and there is money available
03-19-2010, 07:37 AM
Location: Cypress, TX
587 posts, read
1,420,338 times
Reputation: 199
Quote:
Originally Posted by
orbius
You can sue in small claims court. Presumably they have to produce documents that proves they tried to obtain financing.
My first question when reading this thread is about Texas real estate, in general. Is it not standard to always submit an LSR (Loan Status Report) from the lender when submitting an offer? In Phoenix, an offer won't even be looked at without one, certainly not accepted. This lender form shows the buyer's pre-approval and where they are in the process for the loan. They could still be denied further along in the process, but it at least shows that the process has been started and that they're pre-approved.
Quote:
Originally Posted by
Jennibc
That's why most realtors advise sellers to get a bank's commitment letter from the buyer at the the time of contract.
So I guess this kind of answers my previous question. Apparently it's not standard, just advised?
Quote:
Originally Posted by
Jennibc
When we bought this house the seller didn't disclose to us that we had no hot water in the front sink. It costs us $2000 in electrical and plumbing work to rectify the situation. Because I hold a JD and have been legally trained, I could sue him and would only incur court costs. But we won't. It's too big of headache for 2000 and technically we did get warm water there and there would be the entire question of whether that was something that legally had to be disclosed under the contract.
Ok, this raises another Texas real estate question for me. Again, in Arizona, there is a form required to be filled out by sellers (also in Washington state, as we had to fill it out when we sold a house there) called "SPDS", which is Seller Property Disclosure Statement. In Arizona, if you don't ever live in the home, etc. (investor or bank-owned, usually) you can dislcose in the listing that there is no SPDS because the owner doesn't have enough information on the home to accurately answer the questions. In Washington, however, it must be filled out, regardless. We actually never did live in our home in Washington, but had to fill out it "to the best of our knowledge".
03-19-2010, 08:01 AM
Location: Central Texas
20,958 posts, read
45,404,950 times
Reputation: 24745
Texas has a Seller's Disclosure. It's supposed to cover the things that a seller knows are a problem with the house that they are required to disclose. There are exemptions for sellers who inherited it, foreclosed on it, etc., because they would be in no position to know anything about it.
03-19-2010, 08:11 AM
37,315 posts, read
59,869,570 times
Reputation: 25341
when we bought our current home in Hurst about year and half ago, the inspector had a device that he would point at water flow from faucets to check the temps--so that he could see if there was hot water coming out of the hot faucet...
03-19-2010, 02:00 PM
Location: SW Austin & Wimberley
6,333 posts, read
18,056,449 times
Reputation: 5532
Quote:
No hot water at a sink would certainly have to be disclosed on such a form and there would be legal implications for the seller if it were not.
She was saying that the cost of a successful lawsuit over that issue was not worth the time and money required to prevail. Makes sense. Some things are better walked away from.
Steve
03-19-2010, 02:39 PM
1,148 posts, read
2,780,650 times
Reputation: 639
Basically you refuse to release their earnest money get a lawyer to send a demand letter to the buyer asking for verifiable proof of the failed financing attempt or the earnest money one of the two. If they dont produce the documents its basically open and shut for the mediator to release the earnest money to you.
03-19-2010, 02:47 PM
Location: SW Austin & Wimberley
6,333 posts, read
18,056,449 times
Reputation: 5532
Quote:
Originally Posted by
orbius
Basically you refuse to release their earnest money get a lawyer to send a demand letter to the buyer asking for verifiable proof of the failed financing attempt or the earnest money one of the two. If they dont produce the documents its basically open and shut for the mediator to release the earnest money to you.
Your answering your own question now?
The mediator has no authority whatsoever over the earnest money. The Title Company has to have a signed release from both parties, or the won't release it. The only exception is if one party demands it, the other party is notified of the demand and fails to respond within the specifiied time (30 days I think). A mediator can't cause anything to happen. Mediation isn't even binding.
Meanwhile, you can't sell your house when a earnest money dispute is in place.
Steve
03-19-2010, 02:50 PM
Location: Back home in California
589 posts, read
1,812,951 times
Reputation: 292
Quote:
Originally Posted by
orbius
Basically you refuse to release their earnest money get a lawyer to send a demand letter to the buyer asking for verifiable proof of the failed financing attempt or the earnest money one of the two. If they dont produce the documents its basically open and shut for the mediator to release the earnest money to you.
In the alternative, you could draft and send the demand letter yourself and save the cost of having the letter drafted. If you want to fancy it up, you can quote language from the contract in your letter. Just be clear and to the point. Make a copy of the letter for your reecords and send the original certified with a return receipt.
Last edited by XLadylawX; 03-19-2010 at 02:50 PM ..
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Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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