Legal Question in Real Estate Law in Oregon
disclosure question
We purchased a home 10/02, a month after we moved in we found out there was a 40 foot long 9 feet deep granite swimming pool buried in our backyard causing it to flood the backyard and our neighbors yard whenever it rained heavily, which can happen alot in Oregon. After 2 years it doesn't flood very often but the area where the pool is is sinking/becoming lower than the rest of the backyard. We were never told about the pool when we purchased it. The sellers did a great job of hiding it by relandscaping. Now this is our problem and when we go to sell our house next year we will have to either fix the problem which is very costly or disclose the problem which will definately decrease the value of our home. We were told because this does not pertain the the home itself that it does not fall under the disclosure laws. Is this true, and if so are there any loop holes or ways to try and hold the sellers or their realtor responsible? It was an obvious attempt to decieve us by both the seller and their agent and we would like to hold them accountable. We did find out by our neighbors that the pool had been an issue for years and that they had buried it in late 7/02, just before putting it on the market. Please help!
1 Answer from Attorneys
Re: disclosure question
Issues relating to the property in any way that would be a material factor are things that must be disclosed to a potential buyer.
You must disclose the existence of the pool to any potential buyer if you sell the property without removing the pool. You may even need to disclose it if the pool is removed, since redoing the landscape at that time will require significant amounts of fill (to fill the hole where the pool was removed).
The seller knew it was an issue and that it would be an issue to any potential buyer, which is why it appears that the sellers went to great lengths to hide the existence of the pool.
You should see an attorney immediately because you may have problems with the statute of limitations since it has been several years since you purchased the property. The attorney will need to look carefully at the contract you used to purchase the property to deterine what, if any, recourse you may have against the person/people who sold you the property.
We regularly assist clients in disputes over real estate transactions and would be happy to assist you as well.
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