Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 3 years ago on . Most recent reply

User Stats

116
Posts
57
Votes
Randall Re II
  • Rental Property Investor
  • Colorado Florida Arizona Texas, Nevada and Ohio.
57
Votes |
116
Posts

Seller lied on disclosure

Randall Re II
  • Rental Property Investor
  • Colorado Florida Arizona Texas, Nevada and Ohio.
Posted

Hey everyone. I bought my first property. I close in a few days and my insurance company pulled up the property that had water damage on two separate incidents and currently, both are open insurance claims. The seller never said anything about water damage and the info from the insurance claims is very vague. I've paid for inspections already, and now I'm a few days out and this comes up. The most recent water damage insurance claim is $4,000 it says and only 3 months ago it happened, so I know they lied about it when they never mentioned it or roof damage to the property. Do I have any legal course of action, or any other action? My insurance company says insurance will go up, and even though they say they will cover anything that comes up like mold or something down the road, I know better then to believe an insurance company. It's unknown if it was a bandaid fix on the property or professionally done with legal responsibility or not. What are my options?

Most Popular Reply

User Stats

9
Posts
42
Votes
Stephen Oakley
  • Investor
  • Dallas-Ft Worth
42
Votes |
9
Posts
Stephen Oakley
  • Investor
  • Dallas-Ft Worth
Replied

I am a licensed attorney and while I usually don't give out advice on a public forum, you have options here.  First, why don't you delay the closing until all of this gets straightened out?  It appears that you submitted an offer on false and withheld information that was no fault of your own.  Next, you have to decide if you want to move forward with the property?  What else are they not telling you? If you elect to move forward, you renegotiate the sales price.  If you don't want to move forward then back out, based upon their "lies", if they can be proven and you get all your money back.  If they don't want to willingly give it to you then you file a small claims action against them.  You were enticed to enter into this agreement based upon their withholding of damaging info.  First, thing I would tell them is that there is no way I am closing in 3 days.  Feel free to PM me for more info.  

Loading replies...