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Updated over 3 years ago, 06/29/2021

User Stats

30
Posts
2
Votes
Pranitha Shandi
  • Homeowner
2
Votes |
30
Posts

Mis-representation in Seller Disclosure: age of Roof;Damaged roof

Pranitha Shandi
  • Homeowner
Posted

Need your input/advice with a predicament I am in: I was misled on the property of Roof by the seller, who claims that it was prior owner's time. 

I am currently in contract on a house in the suburbs of Austin, TX. After my offer was accepted, I had a 5-day contract option period for inspections/negotiations: During this time, we could get all inspections done, except for the roof inspection which could NOT be done due to rain/bad weather. Based on the seller's disclosure that the roof was replaced 6-year ago, I took a chance. To our misfortune, the roof which was inspected later by multiple roof inspectors is reported as the original roof from 15 years ago and certainly needs to be replaced right away (a $9K cost). When I reached out to the seller (which is a corporation, Opendoor, that flips houses for profit), they claim that the prior seller disclosed it to them as 6 years old and not negotiating/budging further. They are explicitly saying "We acknowledge that the sellers disclosure states it's approximately 6 years, and it also states that: Seller encourages Buyer to have their own inspections performed and verify all information relating to this property. We can't negotiate repairs after the option period has ended."

If I back out of the property now, I lose the earnest money of $8,000 which is more or less the cost of roof replacement. I want to fight this.
I talked to one attorney who said she needs ~3 hours to research this at $330/hr (essentially $1k total) to tell if I stand a chance against the seller (a corporation). Paying $1K just to get an opinion did not seem worthwhile. I am reaching out to this forum if anyone has been in such a circumstance and if I stand a chance taking this to the court? Any other options?

Addition detail: From the purchase contract: "ACCEPTANCE OF PROPERTY CONDITION: "As Is" means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer's agreement to accept the Property As Is does not preclude Buyer from inspecting the Property, from negotiating repairs or treatments in a subsequent amendment, or from terminating this contract during the Option Period" -> does this essentially protect the Seller from any further negotations.

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