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| Thread ID: 58666 | 2005-06-08 07:12:00 | Way O/T : Selling a house | bartsdadhomer (80) | PC World Chat |
| Post ID | Timestamp | Content | User | ||
| 362085 | 2005-06-08 07:12:00 | Does anyone know if it is the sellers responsibility to inform the buyers about possible defects in a property or is it the buyers resposibility to find out if there any such defects. Also, if a Real estate Agent knows of any defects, is he bound to pass this info onto a prospective buyer or just keep quiet and plead ignorance later on? I don't mean cosmetic defects, but structural defects. Case in question: 1.Heavy rain causes the basement and bedrooms downstairs to flood due to the lack of proper drains at back of house. 2.Possibility the concrete blockwork which is holding up the 2nd storey and was done 10 or 15 years ago hasn't been filled with concrete and will be unsafe in an earthquake I would imagine. Any 'qualified' advice much appreciated |
bartsdadhomer (80) | ||
| 362086 | 2005-06-08 07:27:00 | Anyone would be evil not to mention these things. But seriously, fill the concrete thing with concrete & fix that drain. Then sell the house, advertising NO STRUTURAL DEFECTS. :) |
george12 (7) | ||
| 362087 | 2005-06-08 07:29:00 | b-d-h........ I think the final answer is going to be your "Conscience". PJ | Poppa John (284) | ||
| 362088 | 2005-06-08 07:39:00 | Nope. It's Caveat Emptor. And as if real estate agents ever tell you anything, what, and risk their commissions? |
pctek (84) | ||
| 362089 | 2005-06-08 07:53:00 | b-d-h........ I think the final answer is going to be your "Conscience". PJ That's what I reckon, it's not actually me selling but I know someone who is and I don't like it I was actually trying to find out if the buyer would have any comeback on the seller when he discovered the problems down the track. |
bartsdadhomer (80) | ||
| 362090 | 2005-06-08 07:56:00 | a bit of unqualified advice, buyer beware it's up to them to do there homework, realestate agents work for the seller not the buyer, as far as what George says about being evil for not mentioning these things, he's probably right, you could always seek advice from a lawyer or CIB | plod (107) | ||
| 362091 | 2005-06-08 08:15:00 | That's why prospective buyers should get a LIM report from the local council and check for a code of compliance and get a property inspection done by a reputable building inspector. Providing they haven't gone belly up any come back should be on them. |
EX-WESTY (221) | ||
| 362092 | 2005-06-08 08:59:00 | Caveat emptor does still apply to buying a property. Buyer beware. If an agent or the vendor are asked a specific question about say, flooding or structural issues, then they are liable if they lie, or say nothing when they have knowledge. Silence can be misleading conduct. A LIM won't highlight these problems unless the Council knows of the problems. Really the buyer needs to get a builder or engineer to check the place out. Unhappily folks often don't bother. People spend hundreds of thousands of dollars but balk at a few dollars for an expert inspection. I'm afraid this isn't much help. You could alert the council and see if they check it out. Then it goes on their file and the vendor cannot say they don't know. |
Winston001 (3612) | ||
| 362093 | 2005-06-08 09:27:00 | Yep its that old Caveat emptor thing. However a seller is obliged to truthfully and completely answer a specific question about the property. Also the seller may have liability for any work done on the house without a permit whether disclosed or not. | tutaenui (1724) | ||
| 362094 | 2005-06-08 09:36:00 | Bad case of dodgy selling on Fair Go tonight. | TonyF (246) | ||
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