Real Estate Transfer Disclosure Statement - Posted by John G

Posted by John G on April 27, 2006 at 24:20:16:

thanks for your advise. I will try to find an attorney.

Real Estate Transfer Disclosure Statement - Posted by John G

Posted by John G on April 24, 2006 at 24:24:05:

Dear All,

Really appreciate for anyone of your advise.
In October of 2004, my sister (with limited English skills) bought her first dream home (a condo unit) in S. Cal. through a R.E agent. After 3 to 4 months moving into the unit during the winter, there was a leak in the bathroom ceiling during the raining month. At first, she thought it was minor problem and requested Homeowner Association manager to repair the ceiling and it was temporary stop the leaking. During the heavy rain season in last three months in 2006, there were more leak sign on the condo exterior wall and not only her unit but throughout other condor units. There were crack lines on outer wall and running raining water throughout most of the condo complex. While visiting her in S. Cal 3 months ago, I have checked her purchasing contract with the previous home owner and other transaction paperworks and realized the entired condo complex had roof leak issue dating back to 1995. The roof was put up by a Roof Construction Company which was never completed and never inspected by the City of Alhambra according to the report from the Home Owner Association Manager. The issue is that the Seller did not disclose that problem in the Real Estate Disclosure Statement when making the sales transaction to my sister. The Home Owner Association did send the letter to the escrow company about the Roof issue with stating the problem and assessment about the roof before the close of escrow. And her R.E Agent, never sitdown with her to inform her about the document which send by the Homeowner association to the escrow about the roof. If she knew about it, she would not buy the property. Because of her limited English Skills and not knowing much about real estate purchase and she never read the contract when sign. Presently, the Homeowner Association request every unit owner must put out an estimate between 7K to 10K to repair the roof.
In the situation like this, is the Seller still liable for not disclosing it in the Disclosure Statement or the seller Listing Agent or My Sister Agent which did not inform my sister about it. Appreaciat for your advise.

John G.

Re: Real Estate Transfer Disclosure Statement - Posted by dutch

Posted by dutch on April 24, 2006 at 07:33:10:

In the US, the answer is almost always, “Maybe”. You really need to hire an experienced real estate attorney for this one.