05-26-2007, 06:30 PM
11 posts, read
51,572 times
Reputation: 12
Quote:
Originally Posted by
wellkids
If you bought a foreclosed property, the bank has no way of accurately disclosing what is wrong with the property. Property which has not been lived in by the seller is exempt from Property Disclosure. However, you still would have been required to sign a Property Exemption Disclsoure Document that clearly makes you aware of this. You cannot purchase property without a Property Disclosure Doc or a Property Exemption Document. You should have had full knowledge that you were buying an exempt property in "as is" condition and the burden of inspecting the property would have fallen on you as the buyer of a foreclosed property. You should also have been given the time and the right to complete any tests or inspections that you felt were prudent prior to closing.
I bought a house that a Real Estate agent bought after HUD forclosed. They repaired this/that and installed a Sump Pump after witnessing standing water inside crawlspace BUT they did NOT inform me or disclose any defects. Cracks in foundation, open sewer pipe inside crawlspace, Sump Pump they installed, prior standing water, property drainage issues, or the 8" drain pipe that runs thru the property to which the sump pump is connected to. Mold is plainly visable on the floor joists. Water was/is entering crawlspace UNDER foundation, cracks, under CH&A system and thru blocks. By contacting TREC, BBB, Consumer Affairs, Channel 2,4, & 5, Lamar Alexander and Congressman Bart Gordon I WANT THIS TO STOP NOW. DISCLOSE, DISCLOSE, DISCLOSE everything you do to a home. WHY? PROTECT THE CONSUMERS HEALTH!!! "AS IS" does NOT cut it. Do NOT hide behind two words. I'll say two words "BS". The All mighty dollar$$ IS NOT WORTH IT!!
05-26-2007, 09:33 PM
Location: S. F. Bay Area California
22 posts, read
70,938 times
Reputation: 12
Perk Test???
As a soon to be buyer in Tennessee would someone please explain to me what this is?
05-27-2007, 07:33 AM
Location: Beautiful East TN!!
7,280 posts, read
21,312,828 times
Reputation: 2786
A perk test is a test done to insure you can build on the land. That the ground drains properly to sustain the house and the septic system. Basically it insures that if you build a 3 bedroom 2 bath house on that land, the ground drains fast enough that you don't end up with standing sewage on your property.
05-30-2007, 04:48 PM
11 posts, read
51,572 times
Reputation: 12
My home was Real Estate agent owned and they did NOT disclose a lot of Major defects, so I have an Attorney on it.
05-30-2007, 04:53 PM
Location: On the plateau, TN
15,205 posts, read
12,066,932 times
Reputation: 10013
Quote:
Originally Posted by
inamess
My home was Real Estate agent owned and they did NOT disclose a lot of Major defects, so I have an Attorney on it.
Good luck, glad to hear you have attorney
....
05-30-2007, 05:01 PM
11 posts, read
51,572 times
Reputation: 12
Quote:
Originally Posted by
wellkids
If you bought a foreclosed property, the bank has no way of accurately disclosing what is wrong with the property. Property which has not been lived in by the seller is exempt from Property Disclosure. However, you still would have been required to sign a Property Exemption Disclsoure Document that clearly makes you aware of this. You cannot purchase property without a Property Disclosure Doc or a Property Exemption Document. You should have had full knowledge that you were buying an exempt property in "as is" condition and the burden of inspecting the property would have fallen on you as the buyer of a foreclosed property. You should also have been given the time and the right to complete any tests or inspections that you felt were prudent prior to closing.
The Property Exemption Disclosure Document does
NOT release you or the words "AS IS". "If" you know/knew of defects, as my case, you are liable for ALL damages. Do Not violate the [b]Tennessee Consumer Protection Act or commit Fraud, Breach of Contract or Misrepentation. Be HONEST to Your Client/Customer and follow your (Real Estate Agent) CODE of Ethics.
05-30-2007, 05:33 PM
Location: Murfreesboro, TN previously Brentwood, TN
225 posts, read
1,143,726 times
Reputation: 110
Quote:
Originally Posted by
inamess
The Property Exemption Disclosure Document does
NOT release you or the words "AS IS". "If" you know/knew of defects, as my case, you are liable for ALL damages. Do Not violate the [b]Tennessee Consumer Protection Act or commit Fraud, Breach of Contract or Misrepentation. Be HONEST to Your Client/Customer and follow your (Real Estate Agent) CODE of Ethics.
I don't blame you for being angry. However, I am
NOT the individual who sold you the property, so your anger is misdirected. I am simply informing you of the state rules of Real Estate disclosure. I don't make the rules so you appear to be shooting the messenger. I
AM extremely HONEST and always follow the code of ethics. You seem to be confusing my factual comments with your personal situation. However unfair you find the state's rules of disclosure to be, some properties in TN
ARE EXEMPT from disclosure. They are not
hidden exemptions, and buyers must
sign giving
approval that they are aware of the state exemption. Did you sign this? If you would like a copy of the TN Property Condition EXEMPTION form sent to you just let me know! I stand by my statements that EVERY property listed and sold in TN has to have one of two documents signed and submitted as part of the Purchase and Sale Agreement. You should have received, reviewed, and signed either a TN Property Condition Disclosure Form, OR a TN Property Condition Exemption Form. If you did not receive or sign either form then you have an lawsuit. If you purchased a property which was required to have a TN Property Condition Form completed and you were provided with a false or fraudulent disclosure document then you certainly have a lawsuit. IF you received, reviewed and signed the Property Exemption form, knowing that the condition of the property was not discloseable, and then proceeded to purchase this home without any inspections, then I don't know where you would stand with a lawsuit. Did you have ANY inspections completed on this home prior to closing? You haven't mentioned any inspections so it seems like you purchased an exempted, foreclosed property, without any inspections.
I'm glad you have an attorney and I truly hope things work out for you. Hopefully individuals reading this thread will find some valuable information and will save themself from the horrible experience that you have gone through.
Everyone needs to be aware of the Disclosure rules (whether or not you like them or agree with them.)
Home inspections should ALWAYS be completed on homes prior to closing...especially when buying exempted properties!
05-30-2007, 08:43 PM
Location: Murfreesboro, TN previously Brentwood, TN
225 posts, read
1,143,726 times
Reputation: 110
REO does not mean Real Estate Agent Owned
Quote:
Originally Posted by
inamess
My home was Real Estate agent owned and they did NOT disclose a lot of Major defects, so I have an Attorney on it.
You stated in your first post that you purchased an REO home and then stated your home was Real Estate Agent Owned. I wanted to clarify to anyone reading this that REO does
not mean the home was owned by a Realtor. REO simply means
R eal
E state
O wned by the lender - it is a foreclosed property. REOs are purchased all the time by investors for the purposes of flipping the property. A real estate agent could have purchased an REO home and then resold it on the market but at that point it would not have been an REO property.
05-31-2007, 07:13 AM
Location: Beautiful East TN!!
7,280 posts, read
21,312,828 times
Reputation: 2786
WellKids,
Am I correct on my believe that if the Real Estate agent owns a home they are selling it has to be listed on the MLS sheet as a Owner/Agent?
Just curious here.
05-31-2007, 08:04 AM
Location: Murfreesboro, TN previously Brentwood, TN
225 posts, read
1,143,726 times
Reputation: 110
Quote:
Originally Posted by
mbmouse
WellKids,
Am I correct on my believe that if the Real Estate agent owns a home they are selling it has to be listed on the MLS sheet as a Owner/Agent?
Just curious here.
Yes, the MLS must reflect that the property is being sold by an owner/agent. There would also be an additional Personal Interest Disclosure & Consent form that would have to be signed by the buyer before proceeding with an offer. A Personal Interest Disclosure and Consent form is required anytime an agent is involved with selling their own property, or a property owned by a family member or business/organization in which the agent has a personal interest.
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People in Group quarters - Homes for the mentally ill (%)
People in Group quarters - Homes for the mentally retarded (%)
People in Group quarters - Homes for the physically handicapped (%)
People in Group quarters - Other group homes (%)
People in Group quarters - Religious group quarters (%)
People in Group quarters - Dormitories (%)
People in Group quarters - Agriculture workers' dormitories on farms (%)
People in Group quarters - Job Corps and vocational training facilities (%)
People in Group quarters - Other workers' dormitories (%)
People in Group quarters - Crews of maritime vessels (%)
People in Group quarters - Other nonhousehold living situations (%)
People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
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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I bought a house that a Real Estate agent bought after HUD forclosed. They repaired this/that and installed a Sump Pump after witnessing standing water inside crawlspace BUT they did NOT inform me or disclose any defects. Cracks in foundation, open sewer pipe inside crawlspace, Sump Pump they installed, prior standing water, property drainage issues, or the 8" drain pipe that runs thru the property to which the sump pump is connected to. Mold is plainly visable on the floor joists. Water was/is entering crawlspace UNDER foundation, cracks, under CH&A system and thru blocks. By contacting TREC, BBB, Consumer Affairs, Channel 2,4, & 5, Lamar Alexander and Congressman Bart Gordon I WANT THIS TO STOP NOW. DISCLOSE, DISCLOSE, DISCLOSE everything you do to a home. WHY? PROTECT THE CONSUMERS HEALTH!!! "AS IS" does NOT cut it. Do NOT hide behind two words. I'll say two words "BS". The All mighty dollar$$ IS NOT WORTH IT!!
Perk Test???
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