Legal Question in Real Estate Law in Ohio
I purchased a home in Ohio a month ago this was my first one so was not very experienced in buying. At the time of buying the house, I hired a well reputed inspector to go over the house and his report looked all good so went ahead with the transaction.
We then went on to get the carpets professionally washed before we move in, the carpet cleaner indicated that there was mold in the basement (finished) and he could smell it. I then hired a professional contractor through my property agent and we found a water clog on the outside in one of the sprouts; he fixed it and then we removed part of the walls to see if there was any mold. There was no mold but there was water damage to the walls and foundation seemed damaged, the contractor said that looking at the damage it does not seems recent and must be an on going problem for some time. The worse thing is we saw foundation damaged behind the wall and will now require quiet a bit of work (in thousands) to get repaired. The initial thought was that since the damage was behind the wall the prior owner could not have noticed it and i am liable for it all.
But now I see there is a hole in the wall for electrical fuse box (covered by a curtain) and the damaged foundation wall is clearly visible, there are cracks opening in it. Now the question is if there is a possibility of taking the last owner/agent and/or the inspector to court. The owner/agent for not declaring the issue, could they say they never noticed it by the fuse box or is the inspector responsible since he couldn't see it.
The cost for fixing this issue is high and I had put in everything i had in the house; I feel embarrassed and conscious feeling like I have done something wrong by buying this house where as my only fault was inexperience.
Can some one please tell me if I have any legal options and/or what are the next steps.
Thank You.
2 Answers from Attorneys
Dear Troubled Purchaser-Investor:
You appear to have a valid case and claims against the seller. It is problematic that you had the property inspected and neither the inspector nor you didn't discover the cleverly hidden defects.
Did you receive the Seller's Disclosure Statement, under oath, prior to purchase, from your Realtor, as is required under Ohio law? In what Ohio county is the property located?
I recommend you immediately consult and retain an experienced Construction Law Attorney. These are not easy cases, but when you've been hoodwinked by a cleverl "flipper" - seller, you should take action. Preserve evidence with detailed photographs, videos, etc. Keep track of all dates, events. documents and write it all down in the form of a log or diary. Memory is frail, don't count on memory only!
Good luck.
Sincerely,
J. Norman Stark
***
�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�
J. NORMAN STARK, ATTORNEY*
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100 Cel: (216) 310-7100
Email: [email protected]
*Author: The Construction Claims Investigation Worklist�
Get it online: jnorman.gr8.com
LEGALLY SPEAKING�... REAL ESTATE � DEFECTS, AND DISCLOSURE
By: J. Norman Stark, ATTORNEY, ARCHITECT EMERITUS (Oh) A.I.A., N.C.A.R.B.
Before you invest, buy, rehabilitate, or even speculate in real estate, consider retaining experienced legal counsel to advise assist, and guide you. Also consider obtaining a Real Property Report from the County Recorder�s office. which can disclose property ownership, transfer and, possibly even claims history. Municipal Building Departments maintain computer records for each property, with a history of permits, citations, repairs and remodeling.
HOME INSPECTIONS. Prudent buyers may retain an experienced Home Inspection Service to inspect and detect damage, deficiencies, and other undesirable conditions in the property, including lead and mold. However, an inadequate home inspection, which fails to detect and discover cleverly concealed or undisclosed defects may, nonetheless preclude legal claims for damages later.
DEFECTS DISCLOSURE FORM. Ohio Realtors are required to obtain and provide buyers with a formal Ohio Residential Property Disclosure Form (�5302.30 R.C.), detailing all known defects, before closing. However, note the legal requisite for the seller�s actual �knowledge� which may permit intentional denial and concealment of the truth! Some sales may not even require the Disclosure Form; for example: foreclosure, bankruptcy, probate transaction, eminent domain, transfer from one co-owner to another, transfer to someone who has lived in the property for the previous two years, family transaction, such as between spouses, divorcing spouses, children, or parents, or an inheritance, but not occupied prior to sale.
PRIOR INSURANCE CLAIMS. Investigate prior insurance claims which were paid, but not repaired. For example, a seller may have settled a claim and was paid for a roof, damaged by hail, wind, or other natural damage. The new buyer may discover a roof leak and attempt to claim with the new insurer, which denies the claim, based on the property recent claims history and previous payout, leaving the new homeowner without coverage.
Experienced legal counsel can help you avoid costly mistakes; counsel doesn't cost, it pays!
***
WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE
J. NORMAN STARK, ATTORNEY*
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100 Email: [email protected]
*Author: The Construction Claims Investigation Worklist�
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