Category Archives: Real Estate

What to do when you buy a home when the seller intentionally hid repair defects

Posted on September 19, 2016 | Leave a comment

Question: a large foundation crack resulting in moisture seepage on the floor and surrounding walls in one of the seven rooms in the basement. Since this room is unfinished, we wanted to install insulation and drywall, but first we had to remove the “new” carpet that the seller installed on the floor in this room. This is when we discovered the crack and large wet areas. After removing the carpet in this room, the stench of dampness was very strong and quickly spread throughout the house.

Because there was the “new” carpet, this condition was undetectable during the inspection process.

A: First, let me caution you about calling someone fraudulent; if it’s not true, you can be sued for libel.

There is in the law a concept known as “the discovery rule.” Your case starts — and the applicable statute of limitations begins to run — when you first discover a problem. While I cannot provide you with a legal opinion, it would seem you still might have a case based on your recent discovery. More importantly, the typical statute of limitations is two or three years; you just bought the house.

However, you need proof. Did your seller know about the crack? Did he instruct the carpet company to cover it? Have you discussed the matter with the carpet company to see if you can get the proof you need? And I suspect that company may be very reluctant to talk with you for fear they may also be sued.

Get yourself a different attorney to determine if you have a case.

disclaimer: for information and entertainment purposes only

Circular Homes from around the world

Posted on September 18, 2016 | Leave a comment

If you’re sick of the tyranny of a straight, flat wall and boxy, non-organic housing shapes – perhaps the circular home is for you?

Circles are said to represent eternity, timelessness, and totality – and they happen to appear in these homes that have actually been built. Here are several excellent round house specimens from around the world.

tree

The wonderful Tree in the House in Almany, Kazakhstan, is one example, aiming to allow 360 degree views of the forest while hanging out on a cylindrical staircase, surrounding a fir tree. Sadly, we’re still waiting for it to get off the ground.

What to do if you got false information about a house you bought

Posted on September 8, 2016 | Leave a comment

It is easy to be enticed by advertising that promises a home that has been “completely remodeled,” “stripped down to the bare wall,” or “priced below comparable homes in the area.”

Overzealous sellers can exaggerate or make misleading claims about a property’s amenities in an effort to make a quick sale. Daren Blomquist, senior vice president of Realty Trac, a provider of housing data and analysis based in Irvine, Calif., said most flippers “want to turn a property in three to six months.” RealtyTrac considers any repeat home sale that takes place within a year as a flip.

Eye-catching claims like “safe neighborhood,” “growing area” or “easy commute to work” can be easily verified by city or state statistics. But other statements, such as “ample parking in the back of the property” may be more difficult to confirm — and a visual inspection of the property may not be enough.

Under normal circumstances — where the seller is not a real estate professional — the buyer may want to contact a real estate attorney to intervene and help to either initiate a claim or take the necessary steps to obtain title to the portion of the property that was not included in the deed.

However, when the seller is also a Realtor, buyers may want to try an alternative approach before they resort to legal action.