ask george & chuck
Sept. 22, 2008

Failure to disclose, amendments to executed contracts
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: I have an executed contract on a property where I am the buyer. The seller sent me an amendment that states he would like to retain mineral rights. I declined to sign amendment; this contract is already excuted. Are we going to be able to close? I say the mineral rights convey with the home when it is sold.

Answer: The seller is obligated to live with the deal he signed. You are not required to sign the amendment. You should still be able to close.

Dear George: Five weeks after we moved into our home, my wife and I discovered five ceiling leaks. It looks like the ceilings had been repaired, and our new neighbors told us that the prior owner made several roof repairs. Our seller's disclosure notice contains no mention of any roof problems or repairs. Through her agent, the seller admitted that she'd had the roof and ceiling leaks fixed prior to listing the house and didn't feel the need to disclose this fact. We paid a contractor to fix the roof, and it wasn't cheap. We never would've purchased the house had we known about the roof and leaks. How can we get the seller to reimburse us for our expenses? She claims that it's not her problem.

Answer: The seller should've disclosed the previous roof leaks, but it's very difficult to prove that she chose to misrepresent the facts about her roof. However, failure to disclose a material fact is wrong and can result in litigation. You can represent yourself before a justice of the peace if the damages you seek are less than $10,000, or you can hire a lawyer. Either way, you'll need a copy of your seller's disclosure and your contract.