Seller Disclosure Issues on North Carolina Property

[Brian Conley]

I'm looking for advice on how to proceed....I'm from FL and recently went under contract on a property in NC. I just had the home inspection done as part of the due diligence period (which ends July 13). There were numerous issues noticed by the inspector that the seller clearly should have known about (broken appliances, large holes in the drywall, turned off toilet that is located over a pre-existing leak, approximately 10 windows that clearly have broken seals/condensation that will need to be replaced, issues with doors and fireplace not working). The issue lies in the fact that a seller's disclosure was completed and all questions/boxes addressing these exact issues were checked "NO". This is NOT a foreclosure or as-is sale. Not knowing the real estate laws of NC (other than what Google tells me), what do you recommend my next move be? Should I go direct with the agent (dual agent) to address the issues and ask for repairs, price reduction, or decrease in purchase price? Or should I consult with an attorney first to see my options. I have read misrepresentation on the seller disclosure form could lead to lawsuit or criminal charges? Has anyone faced a similar issue?

[Russell Brazil]

Sounds like several of these issues would be easily seen with your own eyes. (Large holes in the drywall.) That makes me think you are buying site unseen. Buying site unseen has tons of risks, including what youve described.

But as Wayne suggested, you have no damages. NC has a due diligence period typically, which you pay a fee to have. Simply opt out of the contract if you do not like what your due diligence has shown you.

Caveat emptor.