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chatmonmom

Home purchase Disclosure question

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My husband and I recently purchased a home, this was our first home purchase and everything went really fast with signing and everything. We had lived in the house for 2 weeks and the first rain storm we got we ended up flooding, after the fact we had been informed(by neighbors) of the homes history of flooding. When we went back and looked at the disclosures, the owner skipped over the questions asking about flooding. We missed this when signing but would have asked if wed been informed. 

 

The Realtors both worked for the same realty company and the realtor that listed the home had actually rented it for 2 years from the owner before listing it for sale so she also knew of the homes history of flooding and nothing was mentioned to us during the purchase of the home. Do we have any foot to stand on here. I have been told to reach out to an attorney because our realtor didn't represent us like he should have. What do we do if anything?

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1 hour ago, chatmonmom said:

the owner skipped over the questions asking about flooding. We missed this

 

So...the seller failed to make a required disclosure and you knew (or should have known) that the seller didn't make this disclosure but proceeded to close anyway?  That's obviously an important fact.

 

 

1 hour ago, chatmonmom said:

Do we have any foot to stand on here. I have been told to reach out to an attorney. . . . What do we do if anything?

 

I'm skeptical that you have a valid claim against the seller or seller's agent because you knew or should have known that the seller failed to make a disclosure about this subject.  Nevertheless, I agree with whomever told you to consult with a local attorney.  I also hope you bought flood insurance since regular homeowner's insurance doesn't cover it.

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The basement flooded. Water came in through the garage doors(we have a split level home) and the whole basement was ankle deep in water. We were in the process of still moving in so we lost baby pictures, baby books, my husbands laptop, numerous kitchen electric gadgets and so much more. We are lucky it wasn't worse than it was but it was definitely a traumatic experience and we are out those memories and other items. I am just more mad that they tried to hide it from us. Yes we should have read and re-read the documents but we didn't. I am just trying to find out where we stand now. beyond the fact that they just didn't answer those questions, the fact that they didn't disclose this information really bothers me. Is that even legal?

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Disclosure requirements are state specific.  You did not identify the state where this occurred.   Was the garage door open during the rain storm?

 

As a side question, when you posted your question there was a box that asked you to "tag the state" Did that suggest to you that you should identify the relevant state?

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3 hours ago, RetiredinVA said:

You did not identify the state where this occurred.

 

The post is tagged as related to Kansas.

 

 

3 hours ago, chatmonmom said:

beyond the fact that they just didn't answer those questions, the fact that they didn't disclose this information really bothers me. Is that even legal?

 

I haven't googled what the Kansas residential real estate disclosure law requires.  However, you told us that the seller gave you written disclosures and "skipped over the questions asking about flooding."  Assuming that, like most states, Kansas has a required disclosure form, this makes me believe that some disclosure regarding flooding was required.  As indicated in my prior response, the problem with this is that I assume you received the written disclosures before closing on the sale.  If that's right, then you could and should have noticed that the seller "skipped over the questions asking about flooding" and should have insisted that the seller answer those questions.  Because you knew or should have known that the seller didn't make this required disclosure but proceeded to close anyway, that may preclude any action by you against the seller for failing to disclose flood issues.  Again, you need to consult with a local real estate attorney about this.

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