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.
Tax tips for new independent professionals
Post a comment
nwhomes

Find a new home or condo that fits your lifestyle.
Search New Developments
Builder Directory

- Palin links resignation to 'higher calling'
- Yakima teacher reprimanded for sending 5-year-old student home with bag of feces in backpack
- 6 jurors swear a cop's wife swayed panel in Kent civil rights case
- Plasma and LCD beware; OLED screens ready to go mainstream
- Fire sends service providers scrambling
- Going to Gas Works Park? Good luck
- Woman accuses Sounders FC player Nate Jaqua of sexual assault, seeks more than $10 million
- More than 1 million seek tix for Jackson memorial
- Rob Johnson's double in 11th powers Mariners past Red Sox, 7-6
- Bicyclist killed Wednesday night is identified
- Palin resigning as Alaska governor
732 - Seattle Mariners at Boston Red Sox: 07/04 game thread
344 - Seattle Mariners at Boston Red Sox: 07/04 game thread
244 - Reports: NKorean missile arrives at launch site
92 - Woman accuses Sounders FC player Nate Jaqua of sexual assault, seeks more than $10 million
88 - 6 jurors swear a cop's wife swayed panel in Kent civil rights case
87 - Palin's Declaration of Independence
70 - Mariners score unlikely win over Red Sox in battle of bullpens
57 - Rob Johnson ties a club record as Mariners win 7-6 in 11 innings
54 - Man pistol-whipped after argument at nightclub
37
- Going to Gas Works Park? Good luck
- Liven up Fremont's attempt to break a world record for a 'zombie walk'
- Plasma and LCD beware; OLED screens ready to go mainstream
- Lynnwood's City Bank gets tighter scrutiny
- Merchant Marine veterans fight for recognition
- Yakima teacher reprimanded for sending 5-year-old student home with bag of feces in backpack
- Retail Report | Pet-supply shops grow while other retailers fade
- Palin links resignation to 'higher calling'
- Fire sends service providers scrambling
- Oregon woman obsessed with rabbits back in jail

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 |








