Sellers Not Disclosing Water Damage When Purchasing
There’s nothing better than the feeling of starting off in your new home. It’s a blank canvas for all your dreams of the future. But that can all come crashing down if when busy with a new renovation or heavy rainfall, your property reveals signs that the potential seller lied on the property disclosure statement.
Before we jump to conclusions, let’s discuss what are disclosures.
What are property disclosures?
A seller’s disclosure document statement is a legal form where the homeowner answers a series of questions about the property. These are all about the condition of the home, including if they know if there’s any water damage.
The top-line features listed in a real estate disclosure form are the foundations of the house, skylights, plumbing and drainage (water damage), pool (if it has one), heating, ventilation, and air conditioning.
Each state's requirements differ, so if you were wondering, “What has to be disclosed when selling a house?”
Some will require you to disclose problems with the land (ground) while others just need clarification on the structure.
In some states, you’re not allowed to fill out this property disclosure form in the presence of your realtor. So, if you want any assistance you’ll need to contact a real estate lawyer.
But what exactly is in this form?
What has to be disclosed when selling a house?
A real estate disclosure form is a very important document. It provides details about the property’s condition that might affect the value of the home negatively.
There are some common real estate disclosures to be aware of. These include:
Death in the residence
While it may seem odd, there are individuals out there who are very superstitious. If, to your knowledge, someone has passed on in the home, you might be required by state law to disclose it.
This varies from state to state and would be worth your while to ensure what your state’s laws on the matter are. If you are wondering, “Do you have to disclose a death in a house?” The answer is, it depends on the state. But we recommend you do.
Neighborhood nuisances
When we refer to a nuisance, what we’re implying is that there are noise and odor issues surrounding the home. This would include being situated close to an industrial area, or a factory that emits odors.
If it affects the quality of the life of the new owner, you should share this information.
In certain states, it is listed on the form and it is worth your while making sure what the law in your area is.
Disasters
There are homes situated in the direct line of disasters. Like floods and tornadoes. If your house has an increased risk of being damaged by these events, you are required to disclose this to the buyer.
Depending again on your state’s legislature, this can also vary.
Homeowners’ Association (HOA)
As potential new owners of the home, they should be informed that the house is governed by an HOA. Most HOAs usually request a monthly fee to be paid by homeowners as well as other rules that form a part of the membership.
If potential buyers are not informed that the home is a part of HOA, they can take legal action against you. You will also be required to provide the buyers with the financial health of the HOA.
Large repairs
If you have made any major repairs, you should share this information. Buyers need to know the home’s history as they can hire professionals to double-check problem areas. Also, they need to know if there is a warranty on the work completed.
This can include electrical, plumbing, and HVAC work.
Other Disclosures
There are loads of disclosures you can make. It’s for this reason some states do not have a standard disclosure document but instead stick to a Caveat Emptor or Buyer Beware rule. This states that the buyer is totally responsible for figuring out issues with the home.
Other issues you will want to disclose can include, is the building historical? This would mean special permission is required to complete renovations. Another is if there is an insect issue in the home.
You might have a home in a uniquely zoned area, such as it is in a dual residential and industrial area. If so, you should disclose this to the new potential buyer.
As we’ve mentioned every state has its own disclosure requirements. But right now you’re annoyed that in your seller’s disclosure, there was no mention of water damage.
But you need to first know who is responsible for the repair.
Who’s responsible?
Before you go pointing your finger you need to be sure who is liable for covering the water damage in your home.
There are three people that could be liable for hiding the damage:
The seller:
As a resident of the property, they would have most definitely encountered this problem in the past. If it is a large issue.
We mentioned earlier that every state’s legal requirements vary. But in some states, disclosure laws are more comprehensive, and the seller isn’t usually obligated to scout out problems.
If there is however a clear place for a seller to have disclosed the problem and should have stated it, then it is worth your while figuring out whether they in fact knew it was a problem. We’ll visit how to spot that they did in fact know there was undisclosed water damage in the home.
The next individual is the real estate agent.
The seller’s real estate agent
In some states, the real estate agent can be liable for covering damages. This can be down to whether they forgot to liaise to the buyer that they had been informed of issues, observed these problems, or in fact hid them.
Once again, this is down to the state you live in and often requires that you can prove without a doubt that the problem was apparent to them. It’ll be in your best interests to check in with a real estate attorney who is well-informed about residential real estate bylaws in the state.
Then the last person might be the inspector themselves.
The inspector
It’s always advisable to have a professional building inspector look at any home you’re planning on purchasing a home. A component home inspector should be able to spot cover-up work to hide water damage.
If they gloss over it, you could check their contract to see if they are now liable for covering damages they missed.
In all these cases you will need proof and not circumstantial evidence.
You need proof
When a seller doesn’t disclose water damage, it can be seriously costly for you as the new homeowner. But before you can proceed to push them to cover the repair bill, you will need to check your state’s laws regarding seeking remuneration for the previous owner.
Hiring an inspector, or professional appraiser to look at the newly discovered damage can in some cases determine whether the previous owner deliberately hid the damage. Such as poor repair work.
If you can find evidence of a poor cover-up you should first seek an alternative to taking them to court.
Alternatives to going to court
Always tried to settle all legal matters without the assistance of lawyers. Once lawyers are involved, it becomes a costly matter. You really want to keep costs down. Your two options to avoiding legal proceedings are:
- Sending the sellers, or guilty party, a demand letter which would stipulate what they need to pay for the repairs to be completed.
- Ask if they’d be ready to discuss a solution via mediation. Try and seek a simple solution.
If you have exercised both of these routes, it might be time to call in legal help.
Go with the law
Unfortunately, once you’ve exhausted all avenues the only way forward is through a lawsuit. You can sue someone on one of the following charges:
- Breach of contract
- Breach of warranty
- Failure to disclose (depending on the state)
- Fraud
- Negligence
- And negligence of misrepresentation
These will all need to fall within the appropriate deadlines or “statutes of limitations”. Every state’s timings differ.
Also, if you can try to file the lawsuit in small claims court you can proceed with the case for less. Then again, is it worth the time?
And if it is, you might want to file the suit at a state court
But if none of these options work for you, and you’re sinking more money into your investment than you can afford, it might be time to sell it “as-is” and cash out.
One method of doing this is via an iBuying service like House Buyers of America. But why should you choose them over everyone else? Here’s why!
Why trust House Buyers of America to buy your home?
Since 2001, House Buyers of America has bought and sold homes in Maryland, Virginia, and Washington, DC. During this time we’ve innovated the real estate game, as well as impressed thousands of customers. We buy houses!
It’s this longevity and success that sets us apart.
And if you don’t believe us, you can trust our hundreds of references. Not many companies in our industry are as well respected as House Buyers of America.
Currently, we have over 100 reviews with 5 stars, with testimonies from a select few! Most of these reviews highlight that House Buyers of America will:
- Sell houses fast
- Pay cash for homes
- Treat you with the utmost respect
House Buyers of America has also earned an A+ rating with the Better Business Bureau (BBB), which is an organization that helps United States consumers find businesses they can trust.
When you’re selling your home, you want to be 100% sure that you can trust the company you’ve contracted to help you. And nothing will put your mind at ease more than reading our clients’ reviews of our services.
And because our clients have spoken about us with such fondness, we’ve been asked to contribute thought leader comments to various publications.
But how does House Buyers of America work?
How House Buyers of America works
We’ve ensured that every step is simple, quick, and efficient. That’s why our first step is you approaching us. Simply give us a call at 855-659-3289 or use our online form to get started!
Within 10 minutes, we will have a fair cash offer for your property. Once we’ve gathered your information, we will arrange a time for us to come by the house to finalize that important paperwork.
And once you’ve signed on the dotted line, the money will be in your bank account in a matter of days. It’s never been easier to sell your house fast.
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No need to renovate, stage, select a Realtor, and deal with people traipsing through your house and losing all of your privacy for 6-12 months. Real solutions are well within reach. There is an alternative: House Buyers of America! Financial Distress Are you in a financial bind with thousands of dollars locked away in your home? Most people do not realize they can directly access the accumulated equity of their home in their hands in as little as 7 days until they contact House Buyers of America. We offer fair prices for when you need an immediate cash infusion to stave off foreclosure, bankruptcy, or whatever life throws at you. Medical Emergency, Retired, Downsizing Some of our clients are elderly and have stayed in their homes for years, but have stumbled into a medical emergency and need the equity in their homes to pay for hospital bills. When this is the case, whether you are a homeowner or a care provider, you might need to sell your Maryland home quite quickly. Others simply want a hassle-free solution for downsizing into a smaller home and want equity in their legacy home. Estate Sales House Buyers of America have also helped thousands of people who have suddenly inherited an unwanted or unneeded property. When dealing with an estate, many heirs can’t decide or agree on when to sell the house or who will take care of the paperwork, so the house is left sitting vacant and deteriorating for months or years. Estate sales can bring out the worst in people and families often get torn apart in the process. The traditional real estate process can be complicated and often doesn’t work well for estate sales. The unique estate laws that apply in Maryland can also create some additional complications. So why not try a simple, fast, and hassle-free solution that all of your family members can agree on? Get an all-cash offer in as little as 10 minutes by contacting House Buyers of America. A Fresh Start We’ve talked about several reasons you might want to sell your Maryland house to a cash buyer. Then there are those unfortunate circumstances in life that require a complete and total liquidation of your assets when you need a speedy exit from your current home and town. By getting an all-cash, guaranteed offer from House Buyers of America and getting your house sold in as little as 7 days, you get that fresh start without waiting. That’s why we continue to be the choice of people looking to “sell house fast in Maryland,” as well as other nearby states.