All Forum Posts by: Joshua Ocean

Sounds like a material fact was known by the seller but not disclosed. The state disclosure form in section 1. Title actually includes this line item -- "F. Is there any study, survey project, or notice that would adversely affect the property?" The attorney is correct in that sellers are not required to provide a disclosure form, but they are required to disclose known material defects.

By including this as a specific line item on the state form, it appears the state views knowledge by a seller of a plan to widen the bed of a road as material, requiring disclosure. It's clearly material to YOU if you would not have purchased the property had you been made aware of it. Non-disclosure of a material fact could lead to seller liability.

IMO, any claim would be against the seller alone. I would consult with a DIFFERENT local real estate attorney for a second opinion.

One thing i see doing business in multiple states.. AS the OP asked shouldn't the realtor have known.. in many of the attorney closing states the attorney just says title is clear and the agents and buyers go with that . I suspect most agents in those areas never get a physical copy of the title commitment I find i have to ask for it in those venues. Out our way they are automatically mailed to the buyer the seller and both agents and lenders just standard practice then as the buyer you have to initial a copy of the title commitment saying you read and understand it.. I just closed a deal in GA and you need an attorney present at the closing so I suspect they rely heavily on the attorney and the agents really have no clue about title reports or title commitments they just take the word of the closing attorney that title is clear.. and in this case as you state most title commitments will have items that are not insured if a physical inspection would disclose it etc.. I know in IL for instance all the deals I did there the real estate agents dont get anywhere near the closing process they just write the initial offer and DUCK. LOL

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Atlanta, Georgia

I will do that. Thank you so much for your advice!

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Atlanta, Georgia

Quote from @Tom Gimer:

Be careful who you listen to, @Joshua Ocean.

IMO, any claim would be against the seller alone. I would consult with a DIFFERENT local real estate attorney for a second opinion.

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Atlanta, Georgia

i get all of your answers so far because the attorney said the same thing. and i have no objection to the county claiming a right to their public land. what i have an issue with is that nobody told me about this before i bought it.

as to the post about showing up in title search.....is it my realtor's job to do that or advise me of it?

i feel like for people who are buying their first property....they wouldnt know what to do so isnt that the reason they hire a real estate agent?

and as im typing this, i think im putting too much on my realtor because ethically, i think the owner and his agents should have disclosed it.

and judging by the responses here so far.....theres nothing i can do about this now?

1 Vote

Atlanta, Georgia

hello everyone, i need your advice on this messy issue. any kind words would help greatly!

i bought my house in warner robins, GA last september in 2021. the owner nor the agent told me nor my agent that the city had plans to widen the road and then half of my driveway and front lawn would be torn up. i told my agent that i would never have bought this house if i knew this was going to happen. I called the Law board and talked to an attorney in atlanta. He said that in Georgia sellers do not have to give a property disclosure and if i didnt get one, i would not have a case. Well guess what, i didnt get one. Another thing he said was the owner would have to have known about this construction. Well i called the city and recorded the lead engineer for the project and he looked back on the records and saw that county staff did talk to the owner before i bought the house. I am not getting any money from the city because they are saying that it is city property up to the point where they will be doing to work. Immenent domain. I am losing so much property and money from this project. PLEASE HELP!

2 Votes

Atlanta, Georgia

hey guys!

i was going to look for a lender on google first but i thought id make a connection with my bp fam first! so if any of you has a lender friend who needs a lead, i am looking for a residential house hack to purchase by the end of this year in Dallas.

Thanks friends!

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@Stephanie P. oh i just saw your message, i will call tom, thank you!

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@Stephanie P. could i have you chat with my lender?

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@Stephanie P. hi i called my lender again this morning and told them what you said but they are still adamant....could i give you my email to chat?

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@Stephanie P. hi thanks for your response! is that okay to do? because i talked to a lender in two different states (illinois and maryland) and they both said id have to be in mynew career job before getting qualified.

but im glad to see you are a lender.....is it different in DC or should i just go do this work around and hope its okay?

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All Forum Posts by: Joshua Ocean

Joshua Ocean has started 18 posts and replied 62 times.

Post: Bought house & owner nor agents told me about IMMINENT DOMAIN.

Post: Bought house & owner nor agents told me about IMMINENT DOMAIN.

Post: Bought house & owner nor agents told me about IMMINENT DOMAIN.

Post: Bought house & owner nor agents told me about IMMINENT DOMAIN.

Post: Bought house & owner nor agents told me about IMMINENT DOMAIN.

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