We got the disclosure for a house we were interested in and went under contract. After the inspection, we found out the home has aluminum wiring, even though the seller marked ‘Don’t know’ on the disclosure when asked if the house had aluminum wiring.
When our realtor pointed this out, the listing agent (who is the seller’s mother) admitted in writing that they knew about the aluminum wiring since 2016 when the seller bought the house but said it was mitigated with Alumicon.
What are our options here? We want them to extend the inspection period and pay for an electrician to confirm the wiring is properly mitigated or fix it if it isn’t. If they refuse, we just want our inspection money back and to walk away from the contract.
If they refuse to fix the wiring or return our inspection money, do we have a case to sue? We spent $2,000 between the inspection and appraisal and even took a day off work for the inspection. To top it off, the seller and her mother were working in the house during the inspection, with four large dogs unrestrained, jumping on us the entire time. Just trying to figure out our options. Thanks!
Your best option is to back out of the deal and not close. Don’t think of it as losing $2,000—think of it as spending $2,000 to avoid losing even more.
Dru said:
Your best option is to back out of the deal and not close. Don’t think of it as losing $2,000—think of it as spending $2,000 to avoid losing even more.
Replacing aluminum wiring will cost way more than $2,000, and so will hiring a lawyer.
Dru said:
Your best option is to back out of the deal and not close. Don’t think of it as losing $2,000—think of it as spending $2,000 to avoid losing even more.
What’s the point of disclosure laws if sellers can lie and the buyer loses their earnest money after backing out?
@Sullivan
If you cancel the contract, you can sue to recover your inspection costs, especially if you can prove that knowing about the aluminum wiring would have changed your decision to make an offer.
Dru said:
Your best option is to back out of the deal and not close. Don’t think of it as losing $2,000—think of it as spending $2,000 to avoid losing even more.
You could also take them to small claims court without a lawyer and file a complaint if the mother is a licensed agent.
Dru said:
Your best option is to back out of the deal and not close. Don’t think of it as losing $2,000—think of it as spending $2,000 to avoid losing even more.
It’s ridiculous that you have to spend $2,000 just to cancel the deal. Look for a lawyer who specializes in suing realtors, especially in Florida. Tell the listing agent you’re doing this and ask them to cover your expenses due to the fraudulent disclosure. Don’t agree to a credit at closing; if they refuse, walk away and file a lawsuit.
People always want to sue, but lawsuits are expensive, stressful, and drag on for ages. I’ve been involved in several, and they take a toll on you mentally. Use that as a last resort. You’re better off just breaking the deal and walking away.
@Harley
Totally agree. I’ve been in a family business lawsuit for four years now. Never go down that path unless you’ve got serious money to throw away.
LILLY said: @Harley
Totally agree. I’ve been in a family business lawsuit for four years now. Never go down that path unless you’ve got serious money to throw away.