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Several months ago I posted here telling the story of a duplex I bought. The city had changed zones making it so this house must be converted to single family prior to occupancy. The city also notified the bank I bought the house from 1 year earlier, but of course, the bank and the Seller Agent did not disclose this information. I didn't know what to do, I only knew for sure I was scred very hard here, and the city was pressing me hard.. I read the disclosure laws, I talked to attorneys, I had an attorney write a letter to both the bank and the Seller Agent, and I posted here asking for advise, I got responses that were mind boggling.. Attorneys wouldn't take the case,, not enough money, and responses here were nearly all less that favorable to my position. I researched on my own who to complain to and I filed several complaints.. All of those complaints have been answered and every one of them are investigating.. Today, the Real Estate commission is forwarding to their board, and the Finacial Regulators are processing their own investigations.. Punitive actions are forth coming from both.. How could so many people be so wrong about something so obvious?? As I understand how it stands now,, I'm in position to sue and would very likely recieve Very large punitive damages.. I'm quite interested to hear what you folks have to say this time..
Several months ago I posted here telling the story of a duplex I bought. The city had changed zones making it so this house must be converted to single family prior to occupancy. The city also notified the bank I bought the house from 1 year earlier, but of course, the bank and the Seller Agent did not disclose this information. I didn't know what to do, I only knew for sure I was scred very hard here, and the city was pressing me hard.. I read the disclosure laws, I talked to attorneys, I had an attorney write a letter to both the bank and the Seller Agent, and I posted here asking for advise, I got responses that were mind boggling.. Attorneys wouldn't take the case,, not enough money, and responses here were nearly all less that favorable to my position. I researched on my own who to complain to and I filed several complaints.. All of those complaints have been answered and every one of them are investigating.. Today, the Real Estate commission is forwarding to their board, and the Finacial Regulators are processing their own investigations.. Punitive actions are forth coming from both.. How could so many people be so wrong about something so obvious?? As I understand how it stands now,, I'm in position to sue and would very likely recieve Very large punitive damages.. I'm quite interested to hear what you folks have to say this time..
If a house was built according to the existing codes & regulations, passed inspection, is a legal & conforming property, I do not believe a municupality can force that property to conform to a new zoning regulation propulgated after the completion of the building. What city is this, and what do you mena when you say the city was pressing you hard?
I never heard of a city changing zones rendering a house useless either.. But, They Can, and they do.. As for pressing me hard.. They wanted me to convert the house, They did not want the house going back to the bank, I gently argued how unfair it was to let me buy it like that, then dump this zone change in my lap.. But they were adimant that the house would not be a duplex, I would follow their rules, comply with the new zones, or I would tear it down,, These Things were made very clear.. I think the city knew the trouble I would have when it came to attorneys, so they pressured me to convert it.. I finally just stopped talking to them, Started my research and filed my complaints.. I believe that if they find out about my complaints they will start issuing me citations until I start working in it..
I wasn't part of your first thread but I remember being told, as a new agent, about an agent who listed a property where there was going to be a sewer installed in a neighborhood and each property was being assessed for the project. The owner knew it but didn't disclose it and the agent wasn't familiar with the project. Of course, the buyer got stuck with a bill he didn't anticipate and the agent was found culpable in some way (don't remember how). I remember thinking that wasn't very fair--I mean you can't know everything about every place--and at some point, we have to rely on sellers to be forthcoming with pertinent facts. But, it also taught me a lesson--I tend not to list properties outside my area unless I know something about the seller and I believe I can trust them to be honest with me.
Sellers agent argues they listed it as "Single Family", when Actually they listed as Residential. They knew.. Why else would you list a very obvious duplex as "single family"..?? Now they argue it was the buyers agent who was responsible for finding this information for me.. Don't mis-understand.. They knew.. Now I'm trying to understand why so many people told me I have no recourse.. It is simple baffling to me..
Possibly you didn't read the initial paragraph... I consulted an attorney, He wrote the letter to the seller and Seller agent, but would not take the case, He quoted "Not Enough Money in it".. another I appraoached gave me much the same advice as I got here.. "Bend over, Clutch your ankles, relax until it's over, Stand up, pull up your pants and move on".... As I recall, You sir, were one of those offering that advise..
Yes, it's likely I suggested consulting an attorney, which I would do for anyone seeking legal advice. It's unfortunate that you couldn't find one that would take your situation seriously. As you may have noticed, I did remove my comment about an attorney in my last post after I reread your OP. I hope your investigations and results get you the compensation you need.
Here's your link to your original post. The only RE Agent reply was Silverfall. She correctly told you that the seller has a legal obligation once informed. Not sure why you're on here poking at the Realtors on the forum. You posted looking for legal help on a free internet forum and got advice from individuals that were likely not qualified to answer. You got what you paid for.
By the way, had I replied on your thread my reply would have been the seller has to disclose what they know and if they didn't then you should seek the advice of an attorney.
.. "Bend over, Clutch your ankles, relax until it's over, Stand up, pull up your pants and move on".... As I recall, You sir, were one of those offering that advise..
Actually, here's the advice I offered in one of the threads you posted in:
Quote:
I don't think anyone here is disputing what your attorney said. Narfcake and others are saying banks don't provide disclosure statements. However, even so, if they have adverse material facts about the home, they are legally bound to disclose them.
I did not advise you to "bend over".
I will amend my statement to include as noted in other responses, that bank requirements for disclosure may depend on state laws.
Again, expecting accurate legal advice in a public forum is not a reasonable expectation. Nothing is "obvious" when it comes to complex situations where we may not know the full story, and are not qualified to interpret applicable rules and laws specific to your location. The best you will get is hopefully informed speculation based on an individuals knowledge and past experience in possibly similar situations.
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