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Old 11-06-2012, 08:28 AM   #51
PokerGuy
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Quote:
Originally Posted by spidey07 View Post
Ok.

Now prove it. I've sold many homes. Prove it.

I have signed document under penalty of fraud. What does she have? Any documentation?

Put me on the stand. I knew nothing of this and have this signed document to prove I knew nothing.
You don't have to prove it to a criminal standard of beyond a reasonable doubt (well, assuming it was here in the US anyway, don't know about canuckistan), you'd just have to convince a jury that the seller knew or should have known about the issue and that the seller failed to disclose. With an infestation that severe, I think it wouldn't be that difficult to convince a jury that even if the seller supposedly didn't know, he/she should have known.
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Old 11-06-2012, 08:28 AM   #52
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I can't believe nobody has mentioned yet: why not get an inspection?

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Old 11-06-2012, 08:45 AM   #53
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It depends on the local laws I suppose, but around here if it was not disclosed in the property report the previous owners are liable. It certainly counts as a serious issue. Still should have done the home inspection though because this is a major headache for her no matter what.
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Old 11-06-2012, 09:20 AM   #54
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She had control of the property for 4-5 months with people living in it.

No one noticed anything.
She did not notice anything when purchasing the property
Others did not notice anything when reviewing the property

An inspector states that it would not normally be found during an inspection.

so why should the previous owner be expected to notice anything.

Nothing was noticed UNTIL they started tearing the house apart.
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Old 11-06-2012, 10:36 AM   #55
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She should have done one of those things you do before buying a house... what is it? A house detective report? A finding study? A housing checklist? Anybody know what it is?
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