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Posted by
John Peterson

Seller’s disclosure form and flooding

My wife and I recently purchased a house in Cypress that also has a barn and two shops. On the seller’s disclosure form, the seller checked the box stating non of the outbuildings flooded. During Harvey, the shops (outbuildings) took on about 28” of water and totaled 3 of my classic cars. I didn’t put them on blocks or do anything prior because they had stated the outbuildings didn’t flood. Since then, my neighbors have all told me they knew the shops or outbuildings flooded because they had in the past two storms.
Do I have any recourse against the seller? I would have made a lower offer or done something different with my cars had I known the shops flooded.

Thanks in advance for any help!

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Seller’s disclosure form and flooding

By John Peterson   
Posted on Oct 03, 2017 in Topic: General
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My wife and I recently purchased a house in Cypress that also has a barn and two shops. On the seller’s disclosure form, the seller checked the box stating non of the outbuildings flooded. During Harvey, the shops (outbuildings) took on about 28” of water and totaled 3 of my classic cars. I didn’t put them on blocks or do anything prior because they had stated the outbuildings didn’t flood. Since then, my neighbors have all told me they knew the shops or outbuildings flooded because they had in the past two storms.
Do I have any recourse against the seller? I would have made a lower offer or done something different with my cars had I known the shops flooded.

Thanks in advance for any help!
Status: Open
Viewed: 975
Asked by: Consumer
Posted: 3 weeks ago
Topic: General
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Bronze
Arfacxad Cabrera
about 3 weeks ago
Yes, they failed clearly omitted vital information in the Seller's Disclosure and can be face with a law suit for doing so. It is best for you to talk to a Real Estate Lawyer who can give you some options for doing just that. Just make sure you still have that disclosure form as proof.


about 3 weeks ago
Bronze
Michael Joseph
about 3 weeks ago
Contact a lawyer to speak to them about failure to disclose known information in violation of Texas Buisness & Commerce Code 18.46 (b)(24), The DTPA IS FREQUENTLY used by buyers of residential properties claiming to have been the victim of deception, abuse, fraud, or other injury by real estate agents, sellers, or imspectors.


about 3 weeks ago
Silver
Michael Jobin
about 2 weeks ago
Hi John,

As others have said you should seek advice from a Real Estate Attorney. Just so you are prepared, know that unless the neighbors physically went into your barn while it was flooded in previous storms, and will testify to such, it may be considered hearsay. Also, Harvey is considered a 500 year flood so if the proof of previous floods is not available, a new flood will not be proof of an old flood and an intentional omission on the disclosure.

The broker in our office is also a RE Attorney. Below is a link to her info.

Michael Jobin
C&K Properties
713.545.2314


Source:


http://candkpropertieshouston.com/agents/kristi-neal/

about 2 weeks ago
Bronze
Amanda Crabtree
about 2 weeks ago
David Wilis at Lonestar Land is an exceptional real estate attorney. He can answer any questions you have. http://www.lonestarlandlaw.com/


about 2 weeks ago
Bronze
Yvonne Chauvin
about 2 weeks ago
I'm really sorry to hear about your classic cars. What a loss that must be. Harvey was definitely a doozey. Did you know that over 750,000 homes filed claims with FEMA already, and out of those 70% did not have any type of flood insurance, since they were not considered to be in a flood zone, nor flooded in the past?

IF your seller omitted the truth from disclosure, that's a serious mistake. Sellers are required to disclose all material facts about the property they're selling.

However, I am not sure how far you can go with what neighbors' say- unless they're willing to testify in person, or provide proof of previous flooding (i.e. pictures). As my colleagues have stated- it's best to seek advice of a real estate attorney.

Best of luck to you.


about 2 weeks ago
Gold
Dominik Szabo
about 6 days ago
Dear John,
Don't listen to any of the Realtor's advice or recommendations as given the seriousness of the situation this is a legal matter.
Find a real estate lawyer for yourself and talk to them as they are the most knowledgable people to talk to. If you don't know who to turn to contact the texas bar association who licenses al lawyers in Texas, they will put you in touch with the most able lawyers to solve your problems.


Dominik Szabo MBA
Brockway Realty
(832) 844 1724
DominikRealtor.com
The Doctor of Real Estate in Houston Texas
" Professional, Courteous, and Informed "


Source:


https://texasbar.com/

about 6 days ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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