Home Defects: Sue the Seller, Agent, or Property Inspector?

  

Dear Bloggers,

 

A few months ago, we bought us a new home and yes, we were aware of the fact that this was not a new house. In my opinion a homeowner should look after his property. This is the thing that is occurring as the former owner has laid back in his chair and keeping up with the house that needs some work was not his thing.

Our home came with some unhappy surprises like leaks, cracks, broken mechanical systems, and other defects, the fiscal responsibility might not be ours alone. According to the lawyer we have hired for this case.

What if something was wrong with your house at the time of purchase and someone, the seller, the property seller's real estate agent, or the inspector could have or should have told us about it, but didn't?

Such problems can become known days, weeks after the sale, leaving you angry and wondering whether you really must shoulder the entire financial burden.

In such cases, you might be able to ask the responsible person to pitch in and take the matter to court if they do not. Ideally, you'll be able to resolve matters without filing a lawsuit suit.

Minor Home Defects or Natural Aging Aren't Grounds for a Lawsuit. We knew when we bought the house that it wasn't in a perfect condition. Some problems, such as a crack in the front walk, A window frame that was rotten these things were obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In our country laws require home sellers to disclose all "material" defects to prospective buyers.)

 

Our home inspector, we had to hire one to get a mortgage also told us about a few foreseeable problems.

Then after the sale, our home probably continued its normal process of aging and decaying, leaving us to deal with the consequences. None of these sorts of issues provide any grounds upon which to run back to the seller to complain.

Will your insurance company cover the damage? If so, there might be no need to act on your own.

 

Could the Home Seller Be Held Legally Responsible for the Undisclosed Defects?

Even if you think you've been wronged, you can't sue everyone involved in the sale of your home. The home seller is the first one to consider, of course.

As mentioned, nearly every country in Europe has laws requiring sellers to advise buyers of certain defects in the property, typically by filling out a standard disclosure form before the sale is completed. (This responsibility remains even if you bought the house "as is.")

The form usually asks the seller to tell whether the property has certain features like appliances, a roof, a foundation, systems for electricity, water, and heating, and more and then to rate or describe their condition. Disclosure laws are more comprehensive than others, and if a feature isn't on the list, the seller might not be required to speak up. Also, the seller isn't usually required to scout out problems.

If there's clearly a place on the form where the seller should have stated a problem but denied it, your job is to try to figure out whether the seller in fact knew about it. For example, if the seller patched over or hid problem areas, or if the neighbors have told you about the seller's efforts to deal with a problem, the evidence is on your side.

Could the Seller's Real Estate Agent Be Held Legally Responsible?

Sometimes' laws make sellers' real estate agents liable for failing to disclose problems they observed or were told of by the sellers, though often their duties are limited.

Could Your Home Inspector Be Held Legally Responsible?

Hopefully, we are as the bank asked us for getting a home inspection report done before buying. In theory, the inspector should have spotted problems that the seller wasn't aware of or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.

We read over your inspection report to see what it said about the area in question. Some buyers are embarrassed to find that the problem is spelled out right in the report or falls within an area that the inspector rightfully excluded from the report (such as a blocked off or inaccessible area). In our case the crawl space was not accessible because it was full of water and gave off a fierce dank smell. As a result, the inspector could not figure out if the utilities were in working order located in the crawl space.

But in other cases, the inspector did not meet basic standards of professional competence. This is the reason our lawyer is hiring an independent building inspector and maintenance expert. And who will hopefully be able to get a clear picture of the stated defects that are being denied by the seller.

Do You Have a Solid Case?

Once you've figured out the possible responsible parties, you'll want to know whether their action or inaction might entitle you to compensation. If your situation meets the criteria below, you might have a good case. We've collapsed a few legal principles into this list, but it will apply to most situations in most U.S. states.

• The defect was there before you bought the home. 
• It's not an obvious defect that you could have seen yourself before buying. 
• No one told you about the defect before the sale, or someone actually lied to you about it. 
• You relied on the lies or nondisclosures. 
• You've incurred monetary damage as a result. 
• You're within any appropriate deadlines.

 

Even if you think you meet the above criteria, remember that in an actual lawsuit, it will be your job to convince a judge. Hence the more evidence you can start gathering, the better. We are trying to avoid a lawsuit as there is quite a cost involved. Still if the seller continues to resist and deny like this then there is probably little choice but to take it to court. Writing the letters is difficult and this has been dragging on for several months now. Hopefully, the courts will provide clarity, and we can move forward with realizing our own little palace. We have not lost hope and hope for a good outcome.

You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage. Or the court might award reimbursement of attorney's fees as part of your damages.

Waiting for better times.

The Old Sailor,

 

Trying to find closure

 

Dear Bloggers,

 

“This wasn’t supposed to happen! Tell me why this has happened!” These are the spoken words of countless bereaved parents and boy or girlfriends that had a great day out in the old town of Brugge. Travelling by ship to the main land of Belgium. Townsend Thoresen was well known by lorry drivers and regular travelers that numerously crossed the channel with these ships throughout numerous years mostly foot passengers travelled for one pound due to an ad in The Sun — a never-ending and always present wound in the Souls of those who have buried their loved ones. After nearly 38 years, I returned to the place where the disaster with the Herald of Free Enterprise occurred. And the moment will never leave your brain many first responders have still some mental scars from this.

 

Disasters such as hurricanes, earthquakes, transportation accidents, or wildfires are typically unexpected, sudden, and overwhelming. For many people, there are no outwardly visible signs of physical injury, but there can be nonetheless an emotional toll. It is common for people who have experienced disaster to have strong emotional reactions. Understanding responses to distressing events can help you cope effectively with your feelings, thoughts, and behaviors, and help you along the path to recovery. And we are easily forgetting about the rescue teams that have to live with all the things they have seen and heard. The endless sounds of sirens and alarms that are going of constantly. These memories are hard to deal with for many and some of them cannot cope afterwards and get mentally stuck and some even take their own lives.

What are common reactions and responses to disaster?

Following disaster, people frequently feel stunned, disoriented or unable to integrate distressing information. Once these initial reactions subside, people can experience a variety of thoughts and behaviors. Common responses can be:

• Intense or unpredictable feelings. You may be anxious, nervous, overwhelmed, or grief-stricken. You may also feel more irritable or moody than usual.
• Changes to thoughts and behavior patterns. You might have repeated and vivid memories of the event. These memories may occur for no apparent reason and may lead to physical reactions such as rapid heartbeat or sweating. It may be difficult to concentrate or make decisions. Sleep and eating patterns also can be disrupted—some people may overeat and oversleep, while others experience a loss of sleep and loss of appetite.
• Sensitivity to environmental factors. Sirens, loud noises, burning smells, or other environmental sensations may stimulate memories of the disaster creating heightened anxiety. These “triggers” may be accompanied by fears that the stressful event will be repeated.
• Strained interpersonal relationships. Increased conflict, such as more frequent disagreements with family members and coworkers, can occur. You might also become withdrawn, isolated, or disengaged from your usual social activities.
• Stress-related physical symptoms. Headaches, nausea, and chest pain may occur and could require medical attention. Preexisting medical conditions could be affected by disaster-related stress.

How do I cope with this?

Fortunately, research shows that most people are resilient and over time are able to bounce back from tragedy. It is common for people to experience stress in the immediate aftermath, but within a few months most people are able to resume functioning as they did prior to the disaster. It is important to remember that resilience and recovery are the norm, not prolonged distress. There are a number of steps you can take to build emotional well-being and gain a sense of control following a disaster, including the following:

Give yourself time to adjust. Anticipate that this will be a difficult time in your life. Allow yourself to mourn the losses you have experienced and try to be patient with changes in your emotional state.

Ask for support from people who care about you and who will listen and empathize with your situation. Social support is a key component to disaster recovery. Family and friends can be an important resource. You can find support and common ground from those who've also survived the disaster. You may also want to reach out to others not involved who may be able to provide greater support and objectivity.

Communicate your experience. Express what you are feeling in whatever ways feel comfortable to you—such as talking with family or close friends, keeping a diary, or engaging in a creative activity (e.g., drawing, molding clay, etc.).

Find a local support group led by appropriately trained and experienced professionals. Support groups are frequently available for survivors. Group discussion can help you realize that you are not alone in your reactions and emotions. Support group meetings can be especially helpful for people with limited personal support systems.

Establish or reestablish routines. This can include eating meals at regular times, sleeping and waking on a regular cycle, or following an exercise program. Build in some positive routines to have something to look forward to during these distressing times, like pursuing a hobby, walking through an attractive park or neighborhood, or reading a good book.

When should I seek professional help?

If you notice persistent feelings of distress or hopelessness and you feel like you are barely able to get through your daily responsibilities and activities, consult with a licensed mental health professional such as a psychologist. Psychologists are trained to help people address emotional reactions to disaster such as disbelief, stress, anxiety, and grief and make a plan for moving forward. To find a psychologist in your area, I did work on myself over more than 35 years. Lately I went for psychological help and I went back to where it all happened. 37 years after there are hardly any traces left of the things that have been printed in my brain forever. The night before I went there my brain was going back to the dark and cold night on the 6^th of March.

The searchlights in he sky and the screaming and crying people in the helicopters and ambulances. The Belgian army guys and firefighters and the Red Cross people who all worked with everything in their powers. It was like a bad and totally crazy movie in my head and I was in doubt if I should go there. Somehow there was something that calmed me down and told me this will bring you towards closure.

It will still take some time before I can say this is over. 

Although slowly but surely I will get there.

 

The Old Sailor,