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Seller failed to disclose

Discussion in 'Buying & Selling a Home or Residence' started by rivamonzter, Feb 23, 2021.

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  1. rivamonzter

    rivamonzter Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    We recently had our offer on a home accepted and a contract signed. According to the MLS listing the home was built in 1987. We were specifically looking for a house constructed post 1978 for specific reasons related to lead paint.

    At the home inspection earlier today, which cost us $625, we were informed the house was constructed prior to electrical codes our County adopted in 1969. In reviewing the contract the sellers certify that lead paint disclosure is "N/A" presumably because the house was supposedly built after 1978.

    This is a "time of the essence" contract and the clock is ticking? We were terribly deceived. What do we do?
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    The details of your contract are very important to answering that question. You may be able to rescind the contract and get back any earnest money you put up. But you start by reading your contract. If it is not clear to you what the answer is after you read it, take the contract to a real estate attorney for advice. Buying a house is the most expensive purchase most people make. Don't be penny wise and dollar foolish here. Spending a few hundred dollars now for some legal advice may save you many thousands of dollars later.
     
    rivamonzter and shadowbunny like this.
  3. adjusterjack

    adjusterjack Super Moderator

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    You could have looked up the age of the house in the county records before you even made the offer. You can do that now, and confirm the age rather than relying on guesses.

    Meantime, if you are still within the inspection contingency period you ought to be able to cancel the purchase and get your earnest money back. You'll be out your inspection fee but that's the risk you take when you buy a house.

    If you get out from under this one, make sure you carefully research your future prospects before you make any offers. Never believe anything you see in the listing or anything any sellers or realtors "tell" you without verifying it.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Despite your use of a question mark, this sentence is not a question. If you intended it to be a question, I cannot discern what you intended to ask.

    You want anonymous strangers on the internet to make this decision?

    What do you want to do? If you want to cancel the sale, then review your contract to ensure that you have that right and do it. If you want to go through with the sale notwithstanding what you've discovered, then discuss the matter with your realtor and discuss the likelihood of negotiating terms that you view as reasonable under the circumstances.

    Are you sure about that? All 102 counties in Illinois have that information available online or otherwise easily accessible to a public search?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Remember the guy who wanted to sue somebody because he got flipped the middle finger salute online.

    Well, sue me.

    :p:D
     
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  6. rivamonzter

    rivamonzter Law Topic Starter New Member

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    Are you saying the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 are often ignored or cirumvented in Real Estate transactions?

    They are obligated to disclose if the structure was built before 1978.
     
  7. Zigner

    Zigner Well-Known Member

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    Verbal statements and MLS (etc.,) listings are not "disclosures". Listings for properties almost universally contain disclaimers explaining that there is no warranty for the accuracy of the listing.
     
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  8. rivamonzter

    rivamonzter Law Topic Starter New Member

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    From the original post: "In reviewing the contract the sellers certify that lead paint disclosure is "N/A" presumably because the house was supposedly built after 1978."
     
  9. Zigner

    Zigner Well-Known Member

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    You were told: "Never believe anything you see in the listing or anything any sellers or realtors "tell" you without verifying it."

    You responded with: "Are you saying the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 are often ignored or cirumvented in Real Estate transactions?

    They are obligated to disclose if the structure was built before 1978.
    "



    I simply pointed out that listings and verbal statements are not "disclosures".

    That is all.
     
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  10. rivamonzter

    rivamonzter Law Topic Starter New Member

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    I said: In reviewing the contract the sellers certify that lead paint disclosure is "N/A" presumably because the house was supposedly built after 1978.

    Someone responded with: Never believe anything you see in the listing or anything any sellers or realtors "tell" you without verifying it.

    Did you even read the op? Nobody claimed listings and verbal statements are disclosures. I can't even see what you think that added to the conversation

     
    Last edited: Feb 24, 2021
  11. Zigner

    Zigner Well-Known Member

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    Best of luck to you.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    No, not saying that at all.

    They might not know, they might guess, they might lie, realtors might rely on what they are told, the MLS could have errors.

    My point is that it's up to the buyer to verify everything he/she is "told" or reads and there are ways to do it.
     
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  13. Zigner

    Zigner Well-Known Member

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    I'll make another comment. If something is so critical to you, it behooves you to verify it for yourself. One shouldn't rely on others for something that is critical.
     
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  14. rivamonzter

    rivamonzter Law Topic Starter New Member

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    The point of the home inspection.
     
  15. Zigner

    Zigner Well-Known Member

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    A home inspection may catch some things, but you can't rely on it alone if something is really important. Heck, if the home inspector makes a mistake, you're generally only able to get back the cost of the inspection.
     
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  16. adjusterjack

    adjusterjack Super Moderator

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    Have it your way. But you blew $625 to find out something you could have easily found out before even making the offer on the house.

    Self preservation is nobody's business but your own.
     
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  17. rivamonzter

    rivamonzter Law Topic Starter New Member

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    Read as: The subject matter is beyond your knowledge.

    I did not do a thing wrong. I made a cash offer on a house from across the country in an effort to move my wife close to her 90 year old parents.

    The offer was accepted. The contract signed via docu sign. I flew here to attend the home inspection in person only to find out I had been lied to horribly. Not only did they not disclose as they are legally obligated to do. They took efforts to conceal to avoid complying with the lead paint disclosure act.

    Not sure where you think I "passed the buck" on my responsibilities as a buyer. I discovered I had been lied to at the actual home inspection, which I paid for, which is me doing my best to protect myself and verify information as a buyer.
     
    Last edited: Feb 25, 2021
  18. rivamonzter

    rivamonzter Law Topic Starter New Member

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    I did look up the property card from the County Assessor. It says 1987 as the age of the home but it is hand written and looks altered.

    The Zinsco breaker panel and the wiring is what dates the house to pre - 1978 construction.


    Thanks for the unprovoked insults Super Moderator. The only thing I did wrong was come here to share my story.
     
    Last edited: Feb 25, 2021
  19. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I do have to say that the date the county records show can be wrong. It is on my house and try and I might they haven't changed it.

    It is possible that the original owners were going by what the county records show and don't know that it wasn't built in 1987.
     
  20. Zigner

    Zigner Well-Known Member

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    Sure you did...here's what you did wrong:

    Making an offer sight-unseen and without appropriate contingencies when there is an item of major concern to you is not how you are supposed to do this type of thing.
     
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