My mother received a certified letter from the buyer of her home requesting money because he put in a French drain due to water coming in the basement after he purchased it. In case we go to court or mediation I would like the seller’s disclosure, inspection report and sales agreement. I have asked her realtor for it but she does not answer my emails or return my phone calls. Is there another way I can obtain these papers since my mother can not find her copies?
A nice email to the Broker on record should get you copies of the sales agreement and seller’s disclosure sheet but at this point highly unlikely you are going to get the buyers inspection report
If you where to go to trial then in discovery phase you would be legally entitled to any and all documents relevant to the suit
If the buyer is seeking serious cash, or seems on the verge of filing suit then best bet is to at least consult an experienced real estate lawyer
In general for the buyer to prevail they must not only produce admissible “proof” that you mother knew of the flooding basement, she took steps to hide this material defect , the fact the sellers disclosure sheet does not address flooding in the basement does not mean your mother knew and attempted to hide the fact
If the buyer files suit in small claims court it may be in your best interest to hire a lawyer, to move the suit to real civil, in that case unless the buyer is an experienced contractor his lay opinion on what is the problem with the basement would not be admissible “proof” in a court of law
February 13th, 2011 at 3:45 am
She should have received copies signed by the buyer (signifying that he received them) either when the offer was accepted or when escrow closed. Check with the escrow company and see if they have copies. If the agent won’t give your mom copies, complaint to the Board of Realtors. The agent may also be liable for repairs if they didn’t disclose any problems they may have known or suspected.
Good luck.
References :
TLD’s past life as a broker in Calif.
February 13th, 2011 at 4:33 am
A nice email to the Broker on record should get you copies of the sales agreement and seller’s disclosure sheet but at this point highly unlikely you are going to get the buyers inspection report
If you where to go to trial then in discovery phase you would be legally entitled to any and all documents relevant to the suit
If the buyer is seeking serious cash, or seems on the verge of filing suit then best bet is to at least consult an experienced real estate lawyer
In general for the buyer to prevail they must not only produce admissible “proof” that you mother knew of the flooding basement, she took steps to hide this material defect , the fact the sellers disclosure sheet does not address flooding in the basement does not mean your mother knew and attempted to hide the fact
If the buyer files suit in small claims court it may be in your best interest to hire a lawyer, to move the suit to real civil, in that case unless the buyer is an experienced contractor his lay opinion on what is the problem with the basement would not be admissible “proof” in a court of law
References :