Legal Question in Real Estate Law in Louisiana

Can i sue hud for not disclosing the house had been flooded many times


Asked on 6/07/10, 12:53 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

You cannot sue HUD, but you can sue the seller for that non-disclosure, unless the seller is exempt from disclosure laws.

Here are the types of sales that are exempt from disclosure:

The following transfers are exempt from the requirement to provide a Property Disclosure Document:

1. Court ordered transfers;

2. Transfers to a mortgagee by a mortgagor or successor in interest who is in default;

3. Transfers by a mortgagee who has acquired the property at a sale conducted pursuant to a decree of foreclosure or by deed in lieu of foreclosure;

4. Transfers by a fiduciary in the course of administration of a decedent�s estate, guardianship, conservatorship or trust;

5. Transfers of new constructed property;

6. Transfers from one or more co-owners solely to one or more of the remaining owners;

7. Transfers pursuant to a testate or intestate succession;

8. Transfers of property that will be converted into a use other than residential;

9. Transfers of property to a spouse or relative in the bloodline;

10. Transfers between spouses resulting from a judgment of divorce or separate maintenance;

11. Transfers to or from any governmental entity;

12. Transfers from an entity that has acquired title or assignment of a real estate contract to assist the owner in relocation as long as the entity makes available certain disclosure documents;

13. Transfers to an inter vivos trust;

14. Acts that, without changing ownership, confirm, correct, modify or supplement a deed or conveyance already recorded.

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Answered on 6/09/10, 7:34 am


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