Profile picture for superfastkyle

Change in Disclosure info

I am buying my first house, I had my offer accepted about a week ago, Before I put in the offer I was given a clean disclosure. When we went through inspections, the termite inspector suggested we do a full treatment because he did find evidence of having had termites in the past but said didn't see any damage. After this the seller sent info of having a bait system installed before and having it monitored. He also sent me a revised disclosure. The problem is this, I had originally only set 500 dollars in the contract for repairs and the termite spray will eat up at least that. What are my rights in this situation? I don't feel like I should have to pay for the few other repairs the house does need now because the seller provided misinformation on the original disclosure. When I talk to my realtor she acts like we will just have to negotiate the other few repairs. Its almost as if she talks like the original disclosure is meaningless. Which is quite frustrating for me because the whole time we were looking it played a big part in which houses we looked at.

Please help
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December 15 2009 - Tulsa
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Replies (6)

I am no Realtor, so I can't give you advice as one.
However, I will give you my opinion and that's for you to follow your gut feeling. Also, if your Realtor is not cooperating then you always can call their Broker and talk to them.
My opinion is that if there is information that was withheld you would no longer be obligated. Again, I am not a Realtor or a lawyer. I am just giving you my opinion on what I would do if I was in your shoes.

Good luck and keep us updated.
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December 15 2009

Your rights are spelled-out within the contract. If you are still within your time periods for inspections, you may be able to cancel the contract. You may also be able to extend the time periods for additional consideration of what has occured.

The property disclosure also states if a new property disclosure is delivered to you after contract acceptance, you should reconfirm purchase in writing AND reconfirm new disclosures.

Thus, if you do (or have not done) both, the contract may be considered "not fully executed."

Mediation is also an option, as disclosed in the contract.

Try to allow all involved an opportunity to work things out.  If a Seller wants to sell, and a Buyer wants to buy, most items get worked-out to each party's liking. If not, you may cancel the contract or speak to the Broker.

Best of luck!

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December 15 2009

Disclosures never tell the whole story.  They are worded where the seller answers questions like "are you aware" etc.  It is up to you, the buyer, with your agent's help to do due dilligence through inspections etc..  How did you come up with $500?  why didn't you put up to $2000 or whatever?

How serious are the other repairs, I doubt the seller will be willing to lose out on a buyer if it's a matter of just minor things.  Also, how good of a deal are you getting?  Are you prepared to walk if the seller refuses to do those repairs?

Lastly, if there is no active infestation, and since the seller has a bait system installed, why go through the unecessary expense of spraying.  Make sure you get a home warranty that includes coverage of WDI (Wood Destroying Insects).  Your deductible will be about $200 only if you have to use it.

Please post an update and good luck.

Naima

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December 16 2009
 don't feel like I should have to pay for the few other repairs the house does need now because the seller provided misinformation on the original disclosure.

sounds like to me he did not. put all the imformation in the disclosure he should have he knew about and didn't put it in. If I were you and I was still in my inspecitons period. I would ask the seller to either one pay orf for the termite spray and treatment. or two tell him to concess the amount of the repair off your contract price or give it to you in closing cost a pre-paids at closing.

those disclosure are have legal recourse I would call the agents broker to advise

best of luck I am sorry
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December 16 2009
Profile picture for sunnyview
Your agent is not being straight with you from what you are saying. Disclosures are part of the contract and they are important. When this seller failed to disclose a known defect, it is fraud. Previous termite infestation/treatment is not a whoops I forgot issue. The original disclosure is not meaningless and the seller did the wrong thing. You need to be a hard *ss and make it clear that you will dump this deal if your agent does not negotiate hard for you to get the other basic repairs covered that you originally asked for in addition to the termite treatment. If you have any doubt about her ability to do that, call her broker now and lay it out. You are not being unreasonable and you deserve to be represented. Fraudulent disclosures ARE a big deal. Your agent should be able to help you deal with that if not ask the main broker to represent you. Do not allow yourself to be bullied. You have done nothing to deserve it and a good agent would be primarily on your side not the side of the seller or the deal.
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December 16 2009
Profile picture for wetdawgs
Termites being missed in the disclosure may be important (fraud), but be aware in many parts of the country people have bait traps out as preventive measures and no termite damage.   Therefore, with the benefit of the doubt, it is possible that this wasn't disclosed because it wasn't known.    (I sold a house a few years ago and had it preinspected, discovering minor termite infestation.  If I hadn't had the pre-inspection, my disclosure would have also not declared the termite damage and it would not have been fraud.)

It is rare after an inspection that the seller  repairs everything that is found.  Items are categorized as critical (must be done), medium level and "nice to know but....".    The things that aren't done are just added to your home maintenance list and gradually get done over the next few months or years, depending on the nature of the repair. 



 
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December 16 2009
 
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