My first post - be gentle please - (long post) Texas DTPA, etc.

[Silverfall]

Originally Posted by middle-aged mom

Interesting.....in my area it is done at the time of the listing. Most full service agents include the property, lead paint, radon, and mold disclosures and plat survery, in the brochure, available to anyone. Some agents also scan all discloures and include it as a part of the optional " other information" available to agents, within the MLS.

My state does not require disclosure of an addition.

We can do that here to, and I'd say maybe 5% of agents actually do it that way. I do prelisting home inspections so I just attached those instead. I like having current disclosure docs in case of roof leaks, etc that occur in the meantime.

For agents that give me old disclosure statements, I always ask for some addendum that states they are still accurate.

We do require disclosure of an addition/remodeling of any type as well as whether or not they were permitted.

[lyablonski]

Silverfall, middle-aged mom, TexasHorseLady. emilybh:
(hope I did not miss anyone)

Thank you all very much for your time and your honest and pleasant and enlightening answers. I learned many new things today.

Again, thanks to all of you.

Have a good evening.

[mrlucky110]

[quote=lyablonski;8698602]Greetings all,

I hope I am in the right place. Please forgive me if I am not. We purchased a home that the seller's did not disclose several issues honestly. Their Broker did not disclose the information in their MLS listing or advertisements for the home. We were first time homebuyers and we got an inspection, insurance, thought we were following all the rules. What was not disclosed was there were 2 "additions" built on the home during their home ownership. The house was so well maintained and in a price range and neighborhood that had similar structures and it appeared as if it were an original part of the home. In our town, permits and inspections are required. Neither of these things were done with the exception of the last addition, a permit was "pulled" but the finished addition was never inspected or brought up to code. I obtained paperwork from our city to verify this happened. The city has told us that we must demolish this structure because it cannot be repaired and it is not permitted or inspected. We have tried unsucsessfully to get "competent Legal Representation". We understand through contacting the TREC that we DO have grounds for a DTPA claim, possibly a RDCLA (?) claim and also a claim against the seller's broker with the TREC Real Estate Recovery Trust Account. There is also a possibility to file against the Inspectors, our Agent, the Mortgage Broker, the Title Company and the company that built the additions.

I have been working on this since last September and have all of the information organized and verified. It is all there. All that we have been able to get our legal representative to do is send a letter of intention to sue the seller's. The seller's have nothing and don't even respond and in Texas you can't get blood out of a turnip.


I have highlighted what you have written and the answer is VERY obvious...at least to me and I think also to you even if you do want want to admit it. In a nutshell....you are screwed...big time! This is re-enforced by the fact that you are getting nowhere with lawyers. Of course lawyers will take your money but when they cannot get anything from the sellers because it is obvious the sellers are broke...the lawyers conveniently disappear. And I think you will find the same from your insurance company. Legal representation does you NO GOOD in this situation since the sellers are BROKE!!! So you will probably have to pay out of your own pocket to fix this problem. That sucks and isn't fair but life isn't fair many times. Whatever you do STOP hiring lawyers. Save your money to get the house fixed.