Legal Question in Real Estate Law in New Jersey
Real Estate Broker & Seller's Perpetrate Disclosure Fraud
Problem(s): Broker(s) & Seller purported purchased property to be habitable and to local & State Code, Purchaser's Attorney recommended by agen was never available for Q&A only para-legal. Purchaser's Attorney did not show for closing or arrange final inspection. Property Deficiencies; Structural Damge (Broken Floor Joists, Leaning,) Basement inundated with Black Mold, Sewers & Plumbing Broken, Electrical wiring burned, flayed and fire hazard, seller's removed tangible property which was part of sale, seller's moving van broke concrete driveway. $10,000.00 in documented receipts has been spent on materials only to bring property to modern standards and correct deficientcies only 40% complete. Purchasers insurance company has documented (photographs) existing condition. Based upon factual information, neighbors information, information and belief property was purchased by seller's as investment and sold within several years, with a (paint and chrome) presentation for sale and statements that they had lived in the property for almost ten years additonally the age of the property was misrepresented. Attorney for Purchaser fraudulently stated closing dates costing thousands in moving costs from California. We wish to litigate.
4 Answers from Attorneys
Re: Real Estate Broker & Seller's Perpetrate Disclosure Fraud
If any of these facts are documented in writing you may have litigatable claims against the Seller, the brokers and, possibly, you attorney as well. It seems multiple frauds were perpetrated. You may also have a malpractice claim against your attorney. Was there a home inspection prior to closing? What does your contract provide for pre-closing inspections? Did you have a mortgage? Did your mortgage company inspect as part of its appraisal to approve your mortgage? What did the contract and listing agreement say about these matters? Were any certificates required, like a C/O? Without seeing the contract and the other documents, I cannot say positively that your claims will be recognized, but I suggest you contact a local attorney familiar with real estate to review all documents and properly advise you.
Re: Real Estate Broker & Seller's Perpetrate Disclosure Fraud
In general, the atty does not arrange the final inspection nor any inspection at all. That is the Buyer's responsibility. Who attended the closing in atty's place?
If basement is inundated with mold, you should have been able to see it before you purchased.
Did you receive a Property Discl from Seller before you signed contract? If not, did you at least receive the $500 credit at closing.
You may have a claim for misrepresentation by Seller for other matters.
Re: Real Estate Broker & Seller's Perpetrate Disclosure Fraud
Where is the property located? In the Buffalo / Western New York area? I would need more information from you regarding the specific facts to determine if you have a valid claim worth pursuing. Contacting an attorney should be your first step to proect your rights. If you would like to speak with me, please call me at 585-482-8348 x 249. If not, I suggest you speak with another attorney as soon as possible.
Re: Real Estate Broker & Seller's Perpetrate Disclosure Fraud
Okay, first off, YOU have an obligation to arrange to inspect the property. You are the purchaser, not your attorney. You shpuld have had an engineering done before the purchase also.
Nevertheless, if the was fraud or collusion, or something that may be significant. From the limited facts you present (I know, you think that there are alot, but it is a complicated scenario), seek professional help.
If you do not know where to get help, contact your your county bar association and ask for a trial/litigation attorney that knows real estate.
Good Luck.
RRG
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