Home Forum Extra
Seattle Times business reporter Elizabeth Rhodes posts the answers to your real estate questions as they pop up during the week. Join this ongoing discussion, which also features reader reaction to real-estate articles appearing throughout The Times.
Home Forum, Seattle Times, P.O. Box 1845, Seattle, WA 98111
* Sorry, no personal replies.
September 4, 2008 8:15 AM
Failure to disclose leaky basement
Posted by Elizabeth Rhodes
Q: My home's basement has had two major floods in the five years I've owned it. My real-estate agent and the inspector she recommended never disclosed the house was flood prone. I did notice 2-inch water marks on the doors just after I moved in, but I didn't think anything of them. What are my rights now?
A: Can you dig drains or install a sump pump to solve this problem? Let's hope so because you have no realistic recourse now against the seller, agent or inspector.
Here's why. State law requires sellers to fill out a lengthy form disclosing their home's known "material defects." In other words, physical problems serious enough to cause concern.
Buyers can review it, ask questions, and cancel the purchase if they don't like what they see. Plus they can ask the seller to fix any problems their inspector finds.
But once the sale is complete, the buyer' s only recourse is a lawsuit against the seller, agent or inspector.
And that means spending thousands on an attorney. And judges and juries generally are unsympathetic to buyers who don't do their homework. Like in your case failing to see obvious water marks.
Another thing to know: real-estate agents must disclose any material defects they know about, but state law does not obligate them to go looking for them. Thus your agent wasn't responsible for seeing those water marks -- or any other negatives about the property -- and informing you.
Why? Because the agent's job is to handle the transaction, not do due diligence regarding the home's condition. That's the job of the buyer and the buyer's inspector.
Certainly you can make the case that your inspector should have seen signs of water problems and informed you. Before pursuing that one, check the inspector's contract. Many limit damages to the amount you paid for the inspection.
Oct 23, 08 - 08:00 AM
Homeowner lacks big down payment
Oct 22, 08 - 08:00 AM
Mold, broken dishwasher vex tenant
Oct 16, 08 - 08:00 AM
Who pays homeowners association special assessment?
Oct 15, 08 - 08:00 AM
Predicting the mortgage crisis
Oct 10, 08 - 04:00 PM
Wandering tree roots disturb sidewalk, threaten sewer line

nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
How to tell your office you're gravely ill
Post a comment
nwautos

Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment

- Flags were key link to cop slaying, bombings
- Suspect shot as city mourns slain officer
- Briefs | Soccer: New Mexico suspends hair-pulling player Elizabeth Lambert
- McGinn pulling away as late ballots come in
- Using anti-shooter tactics, civilian Army police officer brought down gunman
- Huskies suffer another heartbreaking loss to UCLA
- Consortium on verge of owning Eastside railway land
- Suspect in officer's slaying shot by police
- Heavy snow in Cascades shuts down roads
- Stormy weather to continue today in the Seattle area
- UCLA game thread
937 - Suspect shot as city mourns slain officer
389 - Weapons, bomb-making materials found in suspect's apartment
332 - Troubling portrait emerges of Fort Hood suspect
286 - Decision day for health care in the House
193 - McGinn widens lead over Mallahan in Seattle mayoral race
183 - Schools emerge as new tactic in gay marriage votes
99 - Huskies suffer another heartbreaking loss to UCLA
90 - Referendum 71 show's Washington's strategy for marriage equality is working
74 - Using anti-shooter tactics, civilian Army police officer brought down gunman
71
- Suspect shot as city mourns slain officer
- Flags were key link to cop slaying, bombings
- McGinn pulling away as late ballots come in
- Consortium on verge of owning Eastside railway land
- Guest columnist | Cut the South Carolina jokes, Seattle. Get ready to compete
- Practical Mac | With new features, Apple's MobileMe is worth the price
- H1N1 vaccine for high-risk group coming to King Co. pharmacies
- Shoreline man killed when struck by falling tree part
- Suspect in officer's slaying shot by police
- Movie review | 'An Education' you won't forget

February
| Sun | Mon | Tue | Wed | Thu | Fri | Sat |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| 22 | 23 | 24 | 25 | 26 | 27 | 28 |






