What if you have a Buyer who asks the question, what recourse do I have if the condition of the property I just purchased is not what I thought it to be?
*An attorney always wants proof.
*Disclosures [forms] mean something if you can prove the issue.
*Someone can sell a home which is ready to collapse, but if they
have no knowledge they have no liability.
*However, if they had knowledge and you can prove they had the
knowledge, then they have liability. Knowledge can be proven through
testimony or proof of work on the issue, like recent waterproofing or
exterior drainage control measures.
*In this instance, the buyer can talk with neighbors, local
waterproofing companies and/or inspectors.
*Who knows, the seller could be truthful. Funnier things have
happened. Also, has the new owner done anything that could lead to the water
issue, like change exterior water flow, or remove water protection items
such as window well covers?
*Don't forget to check the sump.
*Proof is key in enforcing disclosure problems.
Nick
Nicholas D. Perrino
Attorney at Law
Prodigy Title Agency
8080 Beckett Center Dr. #318
West Chester, OH 45069
513 870-9070 PH
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