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And in many areas a simple home purchase does not include going to the courthouse to review records and chain of title and easements. The title insurance company and insurance take care of that.
They did. The OP just ignored it. I feel sorry for the OP, but the information was available and disclosed prior to closing. We can debate if others should or could have discovered it, but the person with the ultimate job of reading what was disclosed, did not.
Hey Guys, I met two more attorney in the last two days. Both said it was a case of fraud based on Form 17. However they said suing may not be an option. Reasons:
Thanks for reporting back. This makes meeting with the easement holder all the more important. Again, as I wrote before, it may be much easier to resolve this than you think. Give it a shot. Even if you're required to plant trees and other native vegetation, it's not going to grow up overnight. It could be years before you'd notice any significant changes over what you have now.
Depending on your tolerance for aggravation, you may also want to still complain to the real estate agents--and brokers--and Seller involved (and maybe to any overseeing state or Realtor boards). Tell them that you've already met with a couple of lawyers and they both felt that the transaction was fraudulent due to the non-disclosure. (You don't need to mention that they thought that a remedy through a lawsuit was slim. Maybe they'll even suggest an offer to mitigate your perceived damages.) If either of the agents knew the disclosure was incorrect, they should have been required to warn you about it. Of course, you're in a weak position since they could easily deny even looking at the disclosure form, since it's a disclosure by the Seller...plus they could bring up that you were warned by the title company. (However, had you been my client, I would not only have warned you about the easement, but I would have made sure that you read it.)
I have dealt with a lot of similar conservation easements in my area and, invariably, they always sound worse than they really are to the landowner. You may find that it's not as much of an issue as you fear. Sure, it may not be ideal in your mind, but it may be something that you can easily live with. Best wishes in dealing with this.
Last edited by jackmichigan; 09-26-2013 at 09:15 AM..
Thanks for coming back with the outcome so far. So many people don't bother.
I agree.
I still think the OP should have a chat with their agent's principal broker about the situation. They aren't going to do anything since it sounds like in WA, fiduciary duties are light, but I still think that brokerage needs to know that they harmed their client. Especially since the agent said they didn't see anything unusual on the title report. I'm really hoping you had that in an email...
Appears you have a plan you can live with and move on.
It would be hard for many to do this like a Doctor I work with... he was in a similar situation and it became personal... lawyers told him he had a slim chance... just made the Doc more determined.
Doc filed his own lawsuit, became familiar with the law and after years won judgements from several individuals... including a lawyer!
I asked him if it was worth it... he frankly said he lost is shirt financially and his family suffered because of all the time and energy expended... time he could have spent buidling his practice and with his family.
Point is even with slim odds, sheer determination can overcome just about any obstacle for a price.
I agree with the resident Real Estate professionals... the solution might just be easier and not as bad as you think...
Now is the time to channel your best diplomatic skills and negotiate.
If I were in your spot, I would emphasize you are the innocent victim wanting to do the right because this is now your home and these folks are your neighbors.
I am back because I have found out a lot of things that the agent lied to me about
First of all I have an email from him stating that there is nothing out of the ordinary in the title
My question: Did you get a chance to look at the title report? Is there anything concerning that stands out there. I am guessing you would have already let us know if you see anything concerning.
His answer: There is nothing out of the ordinary in the title report as far as I can see.
I asked him about HOA CCR's
Question: I pasted the No.8 "Homeowners Association Review Period" from Optional Clauses Addendum to Purchase and Sale Agreement. Do you know which HOA this is?
His answer: if memory serves, she emailed that seller was unaware of any such info
Now the HOA is coming behind us to replace the roof.
Quote:
Originally Posted by cully View Post
>>>>And in many areas a simple home purchase does not include going to the courthouse to review records and chain of title and easements. The title insurance company and insurance take care of that.
>>>>They did. The OP just ignored it. I feel sorry for the OP, but the information was available and disclosed prior to closing. We can debate if others should or could have discovered it, but the person with the ultimate job of reading what was disclosed, did not.
OP: I did get the title report. But the title report is a joke. Its a linkage of numbers that you keep on going around and if you miss one number you miss the fact that your backyard is not a backyard
I did get the title report. But the title report is a joke. Its a linkage of numbers that you keep on going around and if you miss one number you miss the fact that your backyard is not a backyard
Quote:
Originally Posted by thugged
OK. Followed up with the title company and the NGPE is on the title. Its one of the 35+ recording numbers in the exceptions. We missed looking at some.
Whenever I purchase a property, each and every item flagged (exception) on the title report is read, reread and understood. I will check them off one-by-one as I am satisfied with it. If I am overwhelmed, too lazy, too tired, or just plain ignorant of the item, that is MY FAULT and MY FAULT ONLY if I ignore or skip it and it comes back to bite me in the rear.
You had at least 2 attorneys review the situation and you reported they felt it wasn't worth suing because it was questionable if you even had a case. Take their advice and don't make the same mistake again.
His answer: There is nothing out of the ordinary in the title report as far as I can see.
This is a pretty bland answer with an important qualification. I certainly wouldn't call it a "lie". Maybe he thought these easements were rather commonplace, which very well could be the case in your area. (Or maybe he just missed it.) Still, he didn't do a good job of looking out for your interests.
Again, have you made any progress in talking with the easement holder?
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