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Dealing with a False Disclosure Statement

Written by Posted On Sunday, 20 January 2008 16:00

Question: My wife and I purchased a home. At the closing we received a disclosure statement saying that the roof was new, the A/C was five years old and the furnace was a year old. Now an HVAC company checking out a problem says it is 11 years old! I'm considering a suit in small claims court. Is this the way to go?

Answer: There are several problems here. First, to see if you have grounds for a claim against the owner and his agent. For specifics, see a local attorney. Second, you should never rely on a seller disclosure. Why? The most-honest seller on the planet may not have sufficient information or understanding to complete such a form. As a buyer you want information about the condition of the property and the only way to get that information on a reliable basis is to have a professional home inspection. When you make an offer to purchase property be sure that it's "subject to" a home inspection which is "satisfactory" to you.

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