April 19, 2010
Dear George: Does a short sale require a seller's disclosure?
Answer: Yes. Such a disclosure must be filled out by the seller.
Dear George: My wife and I bought a home less than a year ago. We recently noticed tile bowing and cracks appearing on the ceiling where an addition joins the original house. Further inspection revealed water-damaged wood and drywall, all of which was hidden by fresh paint when we bought the home. Is the seller or the home inspector liable for this apparent coverup?
Answer: The seller should've given you a Seller's Disclosure Notice when you purchased the property. If he falsified information or neglected to include anything on that notice, he might be liable. However, the seller may have hired someone to do the work and didn't know that there was a problem with the result. It's unlikely that the inspector is liable: He can only check what he can see. Start by getting bids for repairs. It may be cheaper and easier to fix the problem than hiring
a lawyer.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
