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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.

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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.

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