Disclosure Report (recourse, property, Wisconsin, bank)

[Not a happy camper]

I recently purchased a house that I wanted to get out of... but was told I would be sued. I got legal advise and my attorney advised me to go through with the purchase. I had money down but I didn't go through the closing process yet. I wanted to do a final walk through but the seller would not let me. I addressed my concerns with my realtor and he assured me he would look for concerns that I had. I don't believe he had my best interest in mind. I went ahead with the purchase and its been a nightmare ever since.
We found the Toilet valve in upstairs bathroom was bad and leaked, this was not noticeable until multiple uses of toilet.

PVC sewer drain, had a connection that was / is duct taped, was hidden inside kitchen wall, not visible during home inspection.

Copper pipe solder joints were loose and leaked, were hidden inside walls, was not visible from within house or during inspection.

Kitchen sink drain was not connected (joint was pushed together but loose)

Moisture in same walls caused mold. Evidence of moisture damage in ceiling / floor between bathroom and kitchen. Soffits in kitchen crumbled do to moisture / water.
Toilet valve in upstairs bathroom was bad and leaked, was not noticeable until multiple uses of toilet.

Cabinets in kitchen were listed as new, when in fact only 45% were new others were refaced.

Numerous cleaning chemicals abandoned. (We told our realtor we wanted these removed at our first walk through).

Foundation under front bathroom addition has crack where day light can be seen and water runs in on heavy rains. Crack was not visible during inspection because home owner had items stored in front of the cracks rendering them not visible.
We found another crack in the foundation just recently when the snow melted and water ran into my basement. Now it is frozen on the wall.

Multiple Plumbing situations that were not up to code.

House was partially rewired and not to code. Apparently not done by a professional.

No Smoke detectors

Past remodels (windows and upstairs floor joists) made framing weak (notched out more than half way) and looks as if done by non-professional, only noticeable after de-construction

Remodeled front bathroom but no permits on record.

discrepancies on square footage – concerns on Bank appraisal too.

The seller lived there for 15 years. The house was on the market for 6 years! I need advise... I live in Wisconsin. What legal recourse do I have? I paid a lot of money for this house. The seller only the basement gets damp in the fall. Other then that she didn't disclose any of this. I have a lot of pictures of all of my issues.

[Auntie77]

I believe....that if they knew the mold or electrical hazard existed, but did not disclose it during the sale, that you may have a case...

https://www.nolo.com/legal-encyclope...ate-30027.html

It depends on what state you are in, how serious things could be for them, or conversely for you...

Here is some information for Wisconsin...
Wisconsin Lawyer: Residential Real Property Disclosure Duties:

Defects: Conditions Significantly Affecting Value, Impairing Safety, or Shortening the Normal Life of the Premises. Chapter 709 provides a mandated form containing queries relating to 27 different structural systems, property conditions, and legal status issues.7 The owner must disclose whether he or she is aware of defects in the following: roof; electrical, plumbing, and heating/air conditioning systems; well; septic system; basement or foundation (including cracks, seepage, or bulges); structure; mechanical equipment; and fireplace. The owner also must disclose whether the property: 1) is serviced by a joint well; 2) is located in a floodplain; 3) has fuel storage or "LP" tanks on it; 4) is contaminated by toxic or hazardous substances or asbestos; or 5) is infested by termites or carpenter ants.
Some of the disclosures relate to legal issues, such as whether the property is in need of repairs to comply with applicable regulations; the subject of a property line dispute, tax increases, property reassessment, pending special assessment, zoning violations, or easements; the site of a proposed public project; or designated as a historic site. A "catch-all" inquiry requires identification of "other defects affecting the property." Owners must explain all "yes" answers.
Under chapter 709, "defect" is defined as "a condition that would have a significant adverse effect on the value of the property; that would significantly impair the health or safety of future occupants of the property; or that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life of the prem-ises."8 The vast majority of defects requiring disclosure are structural and easily identifiable. For example, most cases deal with calamities such as water seepage, cracks in the foundation or walls, rot, or termites.

[LCTMadison]

I can't believe your contract does not have a provision for a final walk thru....wow. I would never take a buyer to the closing table without getting that final look at the property before they purchase. And I would never do a final inspection for a buyer, period.

My first call would be to the inspector you hired to insure the house was in good condition because he apparently missed A LOT of stuff.

[EngGirl]

Originally Posted by LCTMadison

My first call would be to the inspector you hired to insure the house was in good condition because he apparently missed A LOT of stuff.

And what the outcome could be? All inspectors we used had a disclaimer note on the bottom - everything is based on their best knowledge and observation, but they don't guarantee anything.

[Auntie77]

Apparently in Wisconsin, if the buyer can determine the inspector was careless, they can seek restitution from the inspector as well as from the previous owner and realtor.

[Pfhtex]

Have your lender issue a Decline letter. Can you mark out your name, etc, and post the contract? When are the contingencies?