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I would like to find out how I get disclosures or closing info from a prior sale (about 3 years ago). The sellers we bought from barely stated anything... as if the house was perfect. The listing agent who listed it said barely anything as well. She helped them purchase it a few years ago and knows the house well. Anyway, we only lived here a few months and multiple things have been discovered. Unfortunately, we used the listing agent to purchase in order to save money and get the house, she basically got double commission. We live in a state that requires full seller disclosure.
The house was fully inspected (we used HER recommended inspector) and once the rain came, the roof leaked, long story short it cost us almost $9500 to repair the roof, remediate mold, remove asbestos, drywall, carpet, pad and then put it all back together. The roofer said it was an old leak "this has been here a while" and the house was bought during the dry season with new carpet in the room it leaked into. Stains on the sub floor, rusted nail hole stains in the floor all indicate an old leak. then we discovered dry wall patches in the attics ceiling (a place that you never put drywall)... stains appeared on the freshly painted ceiling below the area. Anyway, I think this was a long standing problem. The sellers stated the roof was 10-12 years old, never leaked (there is an obvious repair in another area)and we found out it is 15 years old and when I discovered that by calling the city, they told me that a remodel permit about 4 years ago was never got final approval! I was told that everything was done with permits.
I want to go back and ask for some compensation, but would like to know HOW to get my hands on the disclosures given to our sellers from a few years ago. They seem to have no problems with the house AT ALL. I have both agents names from that sale. Do I call a Title company? I could ask the listing agent who sold it 3 years ago, but prefer to maybe go another route. Please help, we can't afford this...it was our dream house, now turning into a nightmare.... thanks.
Last edited by Hugadog2012; 06-25-2012 at 11:11 AM..
You aren't entitled to any disclosure statements not involved in your real estate transaction. If you want them, you'll need a subpoena or you can find out who the owner was at that time, track them down and ask them what they disclosed to the seller you purchased from.
In my area, disclosure statements are often attached to the MLS listing - anyone with MLS access can look at old listings for your property & if it's there, print a copy. Our MLS goes back about ten years.
Might be worth checking with an agent to see if old listings can be pulled up in your area.
In Florida any broker needs to save all files for a minimum of 5 years so you could ask the broker of the office for the disclosures IF you were part of the sale. No other parties have a right to the disclosures or you need to have a court order.
BUT how can a roofer see if the leak was 3 years old, 2 years old, or 1 year old? Forensice evidence....? I wonder how you want to proof the age of the leak...? Therefore do you think it is worth your time?
If so then you have to locate the previous owner, try to settle or sue them in court....is that worth your time and money...?
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Disclosure is a statement of facts that the seller knows about the home, so for suing for any omissions would require proof that the seller knew about the condition and failed to disclose it. Leaks can pop up any time. If it had leaked before the inspection should have revealed the water damage. When there has been a remodel buyers should check the permit status before buying, most agencies will provide that information, even online with a simple search by address. Is your roofer willing to testify in court, or at least provide written statements about the age of the leaks? My suggestion is small claims court and try for the maximum allowed, though it may fall short of the whole expense you are more likely to get something with minimal cost.
"An old leak" could have been there 10-15-20 years ago and just recently started to leak again. It may have successfully been repaired in the past. If you repair the leak and there are signs of "an old leak" do you want the owner in 8 years coming back to you ?
It never fails... you buy a home and something that worked perfectly during the inspection decides to go bad 30-60 days afterward.
Thank you for all your input. Besides the roof leak, we've had other issues... varying from a costly gas leak (non permitted line) to gophers ripping up the back yard (per neighbors, a "constant" problem)... so not very trusting about the disclosure provided. And...I realize that "things happen", but the surprises are a bit unsettling. The roof leak could have been old, true, but seems covered up for various reasons.
Bottom line, I guess I don't understand what the purpose of disclosure is if someone can say anything they want and not be held to prior disclosure...
A retired broker collegue of mine told me that old closing info (for California) used to be available on microfiche at county offices. Not sure if that is still true... ?
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? I wonder how you want to proof the age of the leak...? Therefore do you think it is worth your time?
