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Here is an Illinois disclosure form. You'll note #2 refers specifically to flooding. So that's covered in having to be disclosed. What did your seller put on this form in this space?
DO follow it down and note the additional disclosure forms from Illinois Assoc of Realtors covering more specifically radon, lead based paint, and, the last one, MOLD.
Did he commit fraud? Did his realtor not have him sign the forms?
We used the same form (we are in Rockford, IL also). The seller checked "No" for everything in the disclosure. Also, I have never seen or was ever giving a mold disclosure report...is this something that should have been signed by seller and given to me?
Question...where is your realtor on all these real estate forms? Any help at all? Just curious.
That form is a board form.
Ill Assoc of Realtors, like other states, provides education and publications and general help and lobby for realtors. They should be able to tell you about law generated forms. 217-529-2600.
Some forms are for the very particular who want to safeguard their buyer and seller and realtors to the ultimate. Some forms are not required by law but are indicated as a very wise idea to have signed.
Here are the two clean Illinois realtors forms regarding mold, forms generated June 2013. You can make reference to them when you call the board.
Some of this will depend on the state, but years ago when DH and I sold our first house we asked about including a previous garage roof leak on the disclosure. We were told that we did not need to include it as it was repaired. (The house was new when we moved in and still under warranty when the leak developed. The builder fixed it.)
It sounds like repairs were made so they may not have legally been bound to disclose it.
This is the same in Texas. If the issues has been fixed/cured, there is nothing to disclose. I always tell my sellers they should disclose as much as possible, that they remember. If they replaced an AC, put the year on the form (or approximate year). If there was a leak in the roof, put the year it was repaired/replaced. However, such disclosures are not required, just added information.
The disclosure if for the seller to point out any current defects in the property. If it's been corrected, there is no defect that the seller is currently aware of.
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The best advice given so far was to try having any option period extended (if your State does this) and have a professional mold inspection performed not only for the presence of mold but also the conditions that could cause mold. Another good question/piece of advice was to discuss this concern with your Home Inspector to see if they identified any issues that might not have been clear in the report.
Until your concerns are addressed you might well always have that doubt in the back of your mind regarding this.
I would walk away for few reasons: 1) seller forgot to disclose; 2) prev. renters moved out and seller decided to sell... hm... do you smell anything here?; 3) mold is hard to find if it was recently fixed. Good luck finding the company who would agree to cut drywalls for a sample. And it takes at least a week to get results back (because this is how long they are growing cultures from your sample); 4) run away otherwise you will deal with issues later (either your health issues or expensive repairs down the road)
This is the same in Texas. If the issues has been fixed/cured, there is nothing to disclose. I always tell my sellers they should disclose as much as possible, that they remember. If they replaced an AC, put the year on the form (or approximate year). If there was a leak in the roof, put the year it was repaired/replaced. However, such disclosures are not required, just added information.
The disclosure if for the seller to point out any current defects in the property. If it's been corrected, there is no defect that the seller is currently aware of.
Ours is generally like these except for certain things. Some things have to be disclosed even if they were fixed. So if the roof has ever leaked, the seller checks yes, and then how it was repaired (new roof, etc). Same with water damage.
I put an offer on a house last week, and after going back and forth with the seller, we came to an agreement on a price (still more than what I would have liked to spend). I had a radon test and home inspection done yesterday, which came back fine (except for a few small things). Today I decided to talk to the neighbor and see if he knew of anything wrong with the house and such. To my surprise they said that they used to rent the house out to a couple, but the couple had to leave because of black mold which was caused by flooding in the crawlspace. The neighbor goes on by saying, after the renters left, they installed a sump pump in the crawlspace and noticed they were doing drywall repairs inside.
On the property disclosure report, the seller said he was not aware of flooding or leaks, which contradicts what the neighbor said. My wife and I really like the house, but are a little put off now. We’re not sure if they completely removed the mold problem or if the flooding in the crawlspace was taken care of with the sump pump. I have 3 days left on the contract to back out. What would you do in a situation like this; back out of contract, try to renegotiate home price, continue with purchase as planned or something else?
Be happy that your state requires a disclosure. Not all states require that, and that means that the seller doesn't have to tell you anything that you can't find out about yourself... AL is such a state...
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