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Breach of Contract, Real Estate

Puyallup, WA |

Purchased home in 8-2011. Hired Home Inspector to check home out, many things wrong & hazardous. Seller signed addedum to have all work done by Licensed, Bonded Electrician. Seller lied and replaced system himself and put our lives in great danger, system was wired wrong and burned inside the walls. We have no heating system in home. Talked to seller about this, he said not his problem. We tried one more time to work this out with him, no response. Also, did not disclose other problems he new about. Also, questionable appraisal, lender changed loan 4 times and then also lied about a special program to save us money, if we went to a class. She made up the name of program, found that out when we went to 1st time Home Buyer Class. We did not get the loan promised. HELP!

Attorney Answers 4

Posted

In Puyallup, strongly recommend that you contact Shannon Jones at Campbell Dille. She is smart as can be about real estate law. In WA, sellers are required to fill out "Form 17" which is a disclosure sheet about the known defects with the house. Generally it is to try and suss out suspected issues, and it is absolutely not a place to lie about having a licensed and bonded contractor do work rather than the seller doing it themselves. That is disgraceful and as you note, very dangerous.

The appraisal and "special program" issues are Federal, come under Truth in Lending issues. Shannon can help you with this, too. Elizabeth Powell

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2 comments

Asker

Posted

Thank you, so much, I will sleep a little better knowing we may be able to do something about this. I agree, it is disgraceful and we were told by a Licensed Electrician that we had to hire to check this out, said we are very lucky that we did not die from the house burning down, or, being overcome by the acrid emmission of the smoke itself. Thanks again!

Elizabeth Rankin Powell

Elizabeth Rankin Powell

Posted

You are totally welcome. E Powell

Posted

Based on the limited information that you provided, you may have claims against both the seller, and claims against the lender. Not much advice can be provided without: (1) reviewing your Purchase and Sale Agreement, (2) reviewing all applicable loan documents, and (3) discussing the exact facts of the situation. You should seek the advice or an attorney to determine what the best course of action is.

Legal disclaimer: The answer provided: A) is for informational purposes only, B) is not intended to constitute legal advice, C) should not be relied upon in lieu of consultation with an attorney, and, D) does not establish an attorney client relationship. The answer may be different if all of the facts were known.

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Asker

Posted

Thank you, too, Mr. Meyler for your comments and advice. We have all of our contracts, and such, ready for an attorney to review and advise. Thanks for your timely answer also.

Posted

I agree with both previous answers and it is important to get your documents to a lawyer at once. The statute allows for attorney's fees if form 17 is found to have knowing and willful misinformation.
Good Luck

Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes

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Posted

If you have homeowner's insurance or other coverage, you should report the loss to the insurer.

Works on major systems in a house (such as the electrical system) usually must be inspected and approved by the local government. You can check with the local government whether the work was inspected and approved. If the seller did not do that, perhaps the local government will fine or sue seller.

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